(영문) 울산지방법원 2015.10.02 2015고단1739

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(영문) 울산지방법원 2015.10.02 2015고단1739

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for ten months.

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

On May 30, 2015, the Defendant, who is engaged in driving of D Poter Cargo Vehicles, proceeded at approximately 91km from the upper radiation distance to the square of No. 29 meters from the north-dong, Ulsan Metropolitan City, the north-dong, Ulsan Metropolitan City, about 03:35 on May 30, 2015.

At the time of night, it was difficult to keep the indictment at night, and the indictment at the 60km section of the speed limit is stated as “70 km per hour” and “21 km per hour”. However, according to the prosecution interrogation protocol, traffic accident analysis report, etc. against the defendant, the restricted speed of the road at the location of the accident is 60 km per hour, and the defendant can recognize the fact that the restricted speed of the road at the location of the accident exceeds 31 km, so it is obvious that the restricted speed and the excessive speed of the indictment are erroneous, and even if it is corrected ex officio, the applicable provisions do not vary, and the defendant does not actually disadvantage the defendant’s right to defense by recognizing that the police and the prosecutor’s investigation violated the restricted speed as above. Thus, it is corrected.

Therefore, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle, such as complying with the speed limit, keeping the front door and left door well, operating the steering and brakes properly.

Nevertheless, the Defendant neglected this and found the victim E (the age of 17) who was getting a bicycle on the front side at the speed exceeding 31 km per hour, and the Defendant’s bill of indictment is written “car” but it is obvious that it is a clerical error in the “cargo,” and thus, it is corrected.

The victim's bicycle was received in front of the left side.

Ultimately, the Defendant caused the victim’s death by occupational negligence to the scene of death due to the cardiopulmonary damage.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1.F.

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