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(영문) 울산지방법원 2018.12.13 2017고단4392
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

1. The Defendant violates the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) is a person who is engaged in driving a balle truck with B gallon.

On November 14, 2017, the Defendant driven the above cargo vehicle around 19:40, and driven the three-lane road in front of Ulsan-gu, Ulsan-dong, Ulsan-gu, Ulsan-do, along one-lane to the Ulsan-dong Police Station, at the speed of about 23 km from the mountain-si, Ulsan-do.

At night and at all times, there are three-distances that are not supported by traffic control, and the driver of a motor vehicle has a duty of care to reduce speed in a clear mind and to closely operate the steering system and to check whether there are vehicles, etc. that accurately operate the steering and operating the steering system, and to check whether there are other vehicles, etc.

The Defendant neglected to do so, while under the influence of alcohol, and neglected to turn to the left at the right east of the mouth, and neglected to stop immediately, received the front part of the Defendant’s driving FJYING125C 124cc., the front part of the Defendant’s driving freight, which was driven by the victim E ( South, 48 years old) driving along one lane from the remote distance from the sloping sloping of the mawn mountain.

The Defendant caused the death of the victim due to such occupational negligence at H hospitals located in Ulsan G around 20:35 on the same day, such as the scarcity, etc.

2. On November 14, 2017, the Defendant violated the Road Traffic Act (driving of alcohol) driving a balone balone balone in a state where approximately 00 meters alcohol level from the 200-meter section under the influence of alcohol level 0.101% from the blood alcohol level to the front road of the D shop located in Ulsan-dong, Ulsan-gu I, Ulsan-do.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes to report the occurrence of a traffic accident, a survey report on the actual condition, a field photograph, a statement on the circumstances of the driver in charge of the main accident, a death diagnosis report, and a screen image

1. Relevant provisions of the Act concerning facts constituting an offense;

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