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(영문) 울산지방법원 2020.09.11 2020고단1169

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B rocketing taxi.

Around 02:00 on February 15, 2020, the Defendant driven the above taxi and proceeded along one lane between the two-lanes of the old rail road in the Eth page where Ulsan-gu C apartment is located D with the front road of the Ulsan-gu C apartment.

At the time, it is a night and a pedestrian crossing established between the central separation zone, where the internship is prohibited, and thus, a driver has a duty of care to prevent accidents in advance by safely internshiping the passage of other vehicles at the point where the internship is permitted without breaking the central line.

Nevertheless, the Defendant neglected this and caused the victim to use the front wheel part of the Gmotor bicycle driven by the victim F.(32 years of age) who was f.d., who was f. on the road in line with the direction of the Defendant’s running, by neglecting it on the crosswalk installed as a central separation zone, with the front wheel part of the said taxi.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to traffic accident reports, diagnostic certificates, and photographs at the scene of accident;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] the general traffic accident [the category 1] the injury [the special person] caused by traffic accident: The mitigated elements of punishment (including the efforts to recover the damage] (the recommended field and the scope of recommended punishment], the mitigation area of punishment (including the advanced efforts to recover the damage], and the credit cooperative from January to August 3.