(영문) 울산지방법원 2019.05.24 2019고단776

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(영문) 울산지방법원 2019.05.24 2019고단776

교통사고처리특례법위반(치사)

Text

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

The defendant is a person who is engaged in driving the B-learning passenger car.

On January 23, 2019, the Defendant driven the above vehicle on January 15:14, 2019, and driven the two-lane road in front of the D Middle School in Yangsan City, at both sides of the police box, at the speed of the E apartment room, with one-lane speed.

At all times, a crosswalk without signal apparatus is installed on the front side, so in such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a driver by reducing the speed or stopping the motor vehicle, and to drive the motor vehicle.

Nevertheless, the Defendant neglected this and did not discover the victim F (F) who was crossing the road along the crosswalk from the right-hand side of the course to the left-hand side, and received the front part of the Defendant’s driving vehicle.

Ultimately, around 17:40 on February 19, 2019, the Defendant caused the victim's death by occupational negligence, resulting in the death of the victim due to a diverosis from the Busan National University Hospital located in Seo-gu, Seo-gu, Busan, Seo-gu.

According to the evidence duly adopted and examined by this court, the part of the facts charged in this case that "the injured party caused the death of the injured party due to the diverosis due to the diverosis" should be corrected as "the injured party caused the death of the injured party due to the diverosis due to the diverosis from the Busan University Hospital located in Seo-ro 179, Seo-gu, Busan, Seo-gu, Seo-gu, Busan, Busan, and even if the correction was made without the amendment procedure, it would not interfere with the defendant's right to defense. Thus, it should be corrected ex officio.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each investigation report (the sequence 31,35 of the evidence list);

1. Report on the occurrence of a traffic accident and report on the actual condition of a traffic accident;

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