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(영문) 울산지방법원 2014.04.25 2014고단187
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On April 9, 2012, the Defendant driven the said car on April 9, 2012, and led to the driving of the said car from the offside of the Nowon-dong to the sub-section of the second two lanes, which are located in the summer-si in Yangsan-si.

Since this is a road bend to port, there was a duty of care to prevent accidents by reducing speed and driving safely by checking the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and did not discover fugitives away from the road, and did so, the Defendant was damaged by fugitives with the right-hand side, and the vehicle was d (75 years old) being cleaned from the right-hand retaining wall of the road due to its shock, and was d (75 years old).

As a result, around 06:45 on December 21, 2013, the Defendant caused the death of the victim in the F Hospital located in Geum-gu, Busan, to be a serious fluorial fluorial fluorial fluorial fluorial fluorial fluor.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The actual condition survey report and photographs;

1. An investigation report (informating a written opinion and a written diagnosis);

1. Application of Acts and subordinate statutes to a criminal investigation report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. Article 334(1) of the Criminal Procedure Act provides that the result of the crime is serious when the victim of the crime dies. However, there is no criminal history against the defendant. In the circumstance where the accident of this case occurred, there are circumstances to consider in addition to the defendant's negligence. A motor vehicle operated by the defendant is covered by a comprehensive insurance, and the defendant agrees with the victim's bereaved family.

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