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(영문) 울산지방법원 2019.10.17 2019고단2312

교통사고처리특례법위반(치상)

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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Bchip buses.

On April 2, 2019, the defendant driving the above vehicle at around 07:17, and proceeded with the intersection in front of the Seoul Special Metropolitan City Co., Ltd., in the middle of the ocean route with two-lanes between the two-lanes in the middle of the bankruptcy resolution committee and the two-lanes in the middle of the two-lane.

Since there are an intersection and crosswalk in which signal lights are installed, the driver of the motor vehicle has a duty of care to reduce the speed prior to entering the intersection to the intersection and to build the crosswalk, and to safely drive the motor vehicle in accordance with the signals and the right and right and right and the right and right and right and right and right and right and to prevent the accident by safely driving the motor vehicle in accordance with the signals.

Nevertheless, although the defendant neglected this and instead changed the vehicle progress signal on the intersection before entering the intersection into the intersection to the red stop signal, he received the victim F (the age of 31) who opened the crosswalk from the right side of the defendant's course to the left side of the crosswalk in accordance with the pedestrian signals, due to the negligence of entering the intersection and proceeding the intersection as is, from the right side of the defendant's operation.

As a result, the Defendant suffered injury, such as the left-hand flag, which did not need medical treatment for about 14 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Investigation report (an investigation into a violation of signalling vehicles by a victim);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Extent of recommendation [the determination of types] according to the sentencing guidelines, general traffic accidents [the category 1], the injury of traffic accidents [the special person] and mitigation factors: the aggravated factors of punishment (including serious efforts to recover damage): serious injury.