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(영문) 울산지방법원 2013.09.06 2013고단2148

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-Wol car.

On April 22, 2013, the Defendant driven the above vehicle on April 22, 2013, and led the front road in front of the Yellow-dong apartment in Yangsan-dong, Yangsan-dong, to a speed of about 30 km from the middle-dong apartment in the middle-dong site to the middle-dong apartment in the city.

Since the place has a crosswalk, in such cases, there was a duty of care to check whether a person engaged in driving service has a road to reduce speed and to see well the right and the right of the road, and to drive safely.

Nevertheless, the defendant neglected to do so and passed the crosswalk as it is, and thereby, received the left-hand bridge of the victim D (the age of 25) who passed the crosswalk as the front part of the passenger car.

The Defendant suffered injury to the victim by occupational negligence during approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. The actual condition survey report;

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

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

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the Defendant was able to drive the instant accident at the risk of danger, even though he was able to drive the instant accident at a proper level due to the Defendant’s internal operation, etc. on a white eye, and the Defendant was shocked on the crosswalk, and the degree of the Defendant’s breach of duty of care is significant.

However, in light of the fact that the victim's recovery is well-grounded and the accident of this case does not seem to suffer from the harm of the victim, that the defendant agreed smoothly with the victim, and that the defendant has no criminal power except for a minor fine once.