(영문) 울산지방법원 2016.05.30 2015고단2079



A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.


Punishment of the crime

The defendant is a person who is engaged in driving of a vehicle with C low-speed.

On July 29, 2015, the Defendant driven the above car on July 29, 2015, and led the front road of the E cafeteria located in Ulsan-gu, Ulsan-gu, to the front of the E cafeteria from the Jeju-gu, Jeju-do, Jeju-gu, to the front of the 21st century excellent hospital.

At night, the above place is a restaurant and a main place. In this case, the person engaged in the driving duty of a motor vehicle has a duty of care to check whether there is another motor vehicle in the front and rear, and to prevent the accident by continuing to check whether there is another motor vehicle in the stop.

Nevertheless, by negligence, the Defendant neglected this, she was driven by the Victim F, who was under a stop in order to let the customer get on the left side of the course of the Defendant’s course, and was driven by the Victim F, who was under a stop in order to let the passenger get on the left side of the Defendant’s course.

Ultimately, the Defendant, by negligence in the course of performing the above duties, inflicted injury on the victim F, such as salt, tensions, etc., which requires approximately two weeks of treatment on the part of the victim F, suffered from the victim H, who is the passenger of the said taxi, about two weeks of treatment. At the same time, the Defendant destroyed the said taxi owned by the victim F to have approximately KRW 522,091 of repair cost, and escaped without taking measures such as providing relief to the victim F by immediately stopping the said taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate amount of loss (number of circumstances, such as the scale of damage, subscription to comprehensive insurance, details of crimes shown in records and pleadings, degree of reflectivity, etc.);

1. Article 62 of the Criminal Act: