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(영문) 울산지방법원 2019.08.14 2019고단1124
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Lone Star bicycle.

At around 14:50 on August 10, 2018, the Defendant operated the above bicycle and proceeded the bicycle exclusive way way in front of Ulsan-gun, Ulsan-gun, with a view to the panscing from the front side.

At the time, the victim C (52 years of age, female) who is the defendant's seat at the time operated a bicycle along with the defendant, so the defendant has a duty of care to operate a bicycle with a sufficient safety distance in order to prevent collision with the victim's bicycle.

Nevertheless, the Defendant, while driving a alton bicycle on the front side of the Defendant, did not secure a sufficient distance from the bicycle of the victim, who was driven on the right side, driving on the bicycle-only side by setting the victim's bicycle at the speed and speed, caused the victim's own entrance into the front side of the bicycle operated by the Defendant with the driver's care, and did not avoid it, and the part of the front wheels of the alton bicycle's left side of the bicycle's left side is shocked to the front side of the above alkylto bicycle's bicycle's right side and went beyond the victim on the road at around 12:20 on August 20, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F, G, and H;

1. A traffic accident report, a actual survey report, on-site, and bicycle photographs, and a CD;

1. A death certificate or a photograph of a dead person;

1. The application of replies to traffic accident analysis requests and reply Acts and subordinate statutes to the request for appraisal;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion.

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