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(영문) 울산지방법원 2013.10.04 2013고단576
도로교통법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Cren-si.

At around 02:00 on April 1, 2012, the Defendant neglected the duty of safe driving even when the Defendant was unable to drive at a speed or in a manner that would cause any danger and obstacle to others, depending on the traffic situation of the road and the structure and performance of the vehicle, according to the letter that does not require a central line from the boundary of a national empty village to the direction of a monthly driving distance.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness D or E's partial statement in court;

1. Results of this Court’s verification of black boxes and video CDs

1. Re-inspection and analysis of traffic accidents, and replies to requests for the analysis of traffic accidents;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act on Criminal Facts, subparagraph 1 of Article 156 and Article 48 (1) of the Road Traffic Act, the selection of fines, and the selection of fines;

1. 50,00 won of a fine to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) to attract a workhouse;

1. Determination as to the assertion of the defendant and his defense counsel under Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence

1. The Defendant and his defense counsel did not violate the duty of care for safe driving, and the instant accident resulted from the Defendant’s violation of the duty of care for safe driving, not from the Defendant’s violation of the duty of care for safe driving.

2. The driver of any motor vehicle shall correctly operate the steering gear, brakes and other devices of his/her motor vehicle and shall not drive his/her motor vehicle at a speed or in such a manner that may cause any danger and impediment to others according to the traffic conditions of the road and the structure and performance of his/her motor vehicle;

Article 25 (Means of Passing through Intersections) (6) The driver of any motor vehicle shall not regulate traffic, but shall use a safety sign indicating a temporary suspension or concession.

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