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(영문) 울산지방법원 2018.06.07 2018고단717
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 a taxi for the purpose of the Cststststa business owned by the company in charge of financing.

On February 18, 2018, the Defendant had a duty of care to prevent any accidents by accurately operating the steering and operating the steering gear in compliance with the speed limit, while driving the above taxi at around 05:10 on February 18, 2018 and driving the road in front of the hospital E in Ulsan-gu D along the same parallel of three lanes from the parallel distance to the same parallel distance.

Nevertheless, due to the negligence of neglecting the front city of the taxi and running a speed exceeding 60 km per hour over 75.6 km per hour, the Defendant died on the left side of the taxi driving direction by shocking the right side part of the victim F (65 cm, n) who opened the road to the right side from the left side of the taxi driving direction, making the damaged person go beyond the road, and having the damaged person die on the same side due to a multi-facel wound, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of the Acts and subordinate statutes on black booms CDs

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the case of the instant traffic accident for the reason of sentencing of the instant order for provisional payment. One of the results is the first offense of the Defendant, and the depth is divided after the crime is committed, and the victim has paid the agreed money to the bereaved family members, and only the victim has agreed to do so after paying the agreed money. The victim's negligence was partly involved in the instant accident, such as the victim's age, occupation, sex, family relation, living environment, circumstances leading to the crime, etc., and the conditions of sentencing indicated in the records, such as the victim's age, occupation, sex, family relation, living environment, circumstances leading to the crime, etc., shall be determined by comprehensively considering the following factors.

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