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(영문) 울산지방법원 2013.12.12 2013고단3120

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 07:15 on July 12, 2013, the Defendant: (a) was a person who is engaged in driving the freight vehicle B; (b) on the part of the victim C (33 years old) who was directly engaged in driving under the new subparagraph due to his occupational negligence in violation of the signal while driving the said freight vehicle in the middle-gu Postal Zone from the Yancheon-gu Office to the left-hand at the seat of the Dong River Hospital; and (c) on the part of the victim C (33 years old) who was driving in accordance with the new subparagraph due to his occupational negligence, suffered approximately eight weeks of medical treatment on the left-hand side of the Defendant’s vehicle; and (d) caused the victim by his shock, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. The actual condition survey report of the police 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) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and order to attend a probation office is an accident due to a violation of signalling reasons for sentencing under Article 62-2 (1) of the Criminal Act, and the degree of injury of a victim is heavy: Provided, That the passage of a sentence is delayed due to a large number of vehicles attached to the running lane due to a trouble in nearby vehicles, and the victim does not want the punishment by mutual consent, and the record of criminal punishment is only one time before driving under the influence of alcohol in 2002, and there is a concern for re-offending of an order to attend a compliance driving course; thus, probation and compliance driving lecture are likely to be suspended;