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(영문) 울산지방법원 2015.06.18 2014고단2298
교통사고처리특례법위반
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a Gro-car.

On June 8, 2014, the Defendant driven the said car at around 04:20, and continued to drive one road at a point 1.8km in the central branch line highway, which is located in the Sinsan-Eup, Yangsan-si, Yangsan-si, at a speed of about 110km from Yangsan to Kim Sea.

Since the restricted speed is 80km in order to prevent the danger of road and ensure the safety and smooth flow of traffic, the driver has a duty of care to observe the restricted speed and safely drive the driver.

Nevertheless, the Defendant neglected this and neglected to drive at a speed of 110km per hour, and neglected the duty of the front-time watch, etc., but failed to find out that the victim H(33 years old) driving, which was driven at the front-distance of the said lane, was in excess of the floor due to an unforeseen reason, and served the victim as it is for the said car.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by damaging the diversity, such as the head and distribution, in the workplace.

Summary of Evidence

1. Statement to J police officers;

1. The written statement of the defendant;

1. The actual survey report and photographs of each field;

1. A corpse inspection report, a corpse inspection report, and a report of autopsy;

1. Requests for appraisal (the blood alcohol concentration in a dials);

1. Application of the Acts and subordinate statutes governing blackbox video CDs;

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. As to the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant and the defense counsel asserted that there is no fault of the Defendant regarding the instant accident and no causation exists between the instant accident and the victim’

However, according to the records, the defendant is over 110 km each speed of 80 km.

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