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(영문) 울산지방법원 2019.03.22 2018고단3760
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a cargo vehicle B.

At around 06:05 on June 28, 2018, the Defendant followed the front road of the original three streets in the Chang-dong, Ulsan-gu, Ulsan-gu, by about 84.1km from the port of Ulsan-si to the racing at about 84.1km.

Since there were a large number of rain at the time, the speed of the accident site was 56 km per hour, and it was a road where the center line of the yellow-ray was installed. In such a case, there was a duty of care to prevent accidents in advance, such as keeping the car line well, keeping the steering system in front and left well, accurately operating the steering and steering system.

Nevertheless, the Defendant neglected this and broomd the part of the victim E(52 years old) driving in front of the Defendant’s cargo vehicle, following the left side of the victim C(49 years old) driver’s D, who was in front of the Defendant’s cargo vehicle, driven by overspeeding the central line, and driven by the Defendant at the time of the driver’s negligence. The Defendant shocked the front part of the victim’s E(52 years old) driving in front of the Defendant’s cargo vehicle.

Ultimately, the Defendant caused the death of the victim E at the same accident site due to cardiopulmonary suspension, etc. due to the foregoing occupational negligence, and the Defendant suffered injury to the victim C, such as cerebral tynas, requiring approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. C’s statement;

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

1. Protocol of autopsy and written diagnosis of death;

1. Answers to requests for cooperation with investigation;

1. An analysis of traffic accidents;

1. Application of each statute on photographs;

1. Article 3 (1), the proviso to Article 3 (2) 2 and 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of the Trade Union (the crime of death or death) of the Special Act on the Settlement of Traffic Accidents.

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