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(영문) 울산지방법원 2014.06.12 2014고단527
교통사고처리특례법위반
Text

Defendant shall be punished by a fine not exceeding six million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On December 31, 2013, the Defendant driven the above car on December 18:45, 2013, and proceeded three-lanes of three-lanes at the entrance of the two village located in Ulsan-gu, Ulsan-do, 757-3, Ulsan-do, at the upper middle school, at about 102km each other, along two-lanes from the upper middle school.

Since there is a limited speed at 70 km per hour, there was a duty of care to ensure that a person engaged in driving of a motor vehicle should safely drive the motor vehicle and prevent the accident in advance by safely complying with the restricted speed.

Nevertheless, the defendant neglected this and tried to find out the victim D(73 years old) who illegally crosses the road to the port from the right side of the defendant's running direction by his negligence exceeding 32 km speed per hour, but it does not reach the defendant's driving, and the defendant got the victim to go beyond the road due to his shock.

In the end, the Defendant caused the victim's death by the above occupational negligence due to the damage of hearts caused by the cage cage at the same place and the shock by the blood cage.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a survey report, and an accident site photograph;

1. Application of Acts and subordinate statutes concerning autopsy reports and postmortem records;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the instant crime is that the Defendant died of the victim in violation of the speed limit.

The degree of violation of the duty of care and the death of the defendant are very serious.

However, it is an accident without permission, and the defendant has no criminal history, and it is covered by a comprehensive insurance.

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