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(영문) 울산지방법원 2013.11.04 2013고단3205

교통사고처리특례법위반

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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B cargo vehicles.

On July 6, 2013, the Defendant, at around 17:40 on July 6, 2013, had the front road of the Hoburdivor apartment located in Ulsan-gun, Ulsan-gun, U.S., and proceed to the left left at the direction of the police box in the direction of the Hoburdi apartment.

At all times, crosswalks are installed on the left-hand side of the three-distance intersection where signals such as red-flaging, etc. are installed, so a person engaged in driving service has a duty of care to temporarily stop and drive safely by checking whether there is a pedestrian walking on the crosswalk.

Nevertheless, by negligence of neglecting this, the Defendant did not discover the victim C (at the age of 17) who dried the crosswalk on the left-hand side of the crosswalk, and did not see the victim C (at the age of 17) and shocked the victim with the front-hand driver of the vehicle of the Defendant, and suffered injury to the victim, who did not have two open measures for about 12 weeks of treatment, such as the blood transfusion in the light of the light without any open address.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. On-site map and photographs of an accident site;

1. Application of Acts and subordinate statutes to the site at the time of accident;

1. Relevant provisions of Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Depository) of the Criminal Act concerning criminal facts do not constitute cases where the right to institute a public prosecution is not granted under Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. The above facts constituting the crime of sentencing under Article 62-2 of the Criminal Act are crimes falling under the category 1 of general traffic accident according to the sentencing guidelines, and it does not seem to have a mitigation element, and it constitutes "a case where serious injury has occurred" as an aggravated element. Thus, the order is ordered in consideration of all the circumstances shown in the trial and records of this case within the scope of the aggravated area.