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(영문) 울산지방법원 2014.11.07 2014고단2693
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of a rocketing taxi for another car.

Around 04:50 on March 22, 2014, the Defendant driven the above car, and led the front road of the agricultural and fishery product market distance in Ulsan Nam-gu Busan Metropolitan City. The Defendant continued to drive the above car at a speed of about 72 km per hour depending on three lanes from the surface of the department store to the surface of the solar river basin.

At the time, since the night and the front door of the night, there was a duty of care to prevent accidents and drive safely, by accurately manipulating the front line and the left and right of the way, the person engaged in the driving of a motor vehicle, who is engaged in the driving of the motor vehicle.

그럼에도 피고인은 이를 게을리한 채 전방주시를 소홀히 하고 그대로 진행한 과실로 위 사거리의 횡단보도를 보행자 적색신호에 횡단하던 피해자 E(남, 42세)을 미처 발견하지 못하고 피고인 운전의 위 승용차 앞부분으로 충격하여 피해자를 약 19m 정도 튕겨 나가 도로에 전도되게 하였다.

Ultimately, the Defendant caused the death of the victim due to the high level of double damage from the workplace due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Gabbbbox image flafing photographs;

1. An accident site photograph;

1. A written autopsy and appraisal;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

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

1. Article 334(1) of the Criminal Procedure Act provides that the result of the crime is serious when the victim dies. However, the traffic accident of this case occurred while the victim gets on the crosswalk in a state other than pedestrian signal at night, and the victim’s bereaved family does not want the punishment of the defendant by mutual consent with the victim’s bereaved family members.

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