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(영문) 울산지방법원 2017.07.04 2017고단1035

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor 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.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a KS7 car.

On November 18, 2016, the Defendant driven the above car at around 05:50 on November 18, 2016, and proceeded with the two-lanes in front of D real estate in Ulsan-gu C, Ulsan-gu, with one-lanes in the industrial tower room from the enclosed-gu.

Since a crosswalk and signal are installed on the front side, the driver of the vehicle has a duty of care to take into account the traffic situation of the front side, accurately operate the steering and brakes, and safely proceed in accordance with the signals of signal apparatus to prevent the occurrence of the accident in advance.

Nevertheless, the Defendant neglected this and failed to discover the victim E (the 60-year old age), but did not discover the victim E (the 60-year age) according to the pedestrian pedestrian pedestrian walk, and received the part of the victim's left side as the front part of the driver's seat of the above vehicle.

Ultimately, the Defendant suffered injury to the victim, such as approximately 12 weeks of treatment, 1, 2, 12, and 12, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for protection and observation and attending lectures [the type of determination] of traffic accidents in general traffic accident / [the person subject to special sentencing] - Cases where illegality in the category of traffic accidents (the person subject to special sentencing] - the proviso of Article 3(2) (excluding subparagraph 8) of the Act on Special Cases concerning the Aggravations is serious, or in cases of bad driving (the scope of recommended punishment] / [the scope of recommended punishment] 8 months to 2 years [the person subject to general sentencing] of imprisonment without prison labor / The criminal punishment for the comprehensive motor vehicle insurance for mitigated factors.