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(영문) 울산지방법원 2020.09.18 2020고단1307

교통사고처리특례법위반(치상)

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

The defendant is a person who is engaged in driving a B-Wood vehicle.

At around 17:30 on February 23, 2020, the Defendant driven the above car and driven the two-lane road in front of the D Child Care Center in Ulsan-gu, Ulsan-gu, along the two-lane road from E to F apartment.

Since there is a park in the vicinity and a crosswalk is installed, the defendant engaged in driving service has a duty of care to prevent accidents in advance by safely driving the road, such as checking and driving of a person driving the crosswalk with a view to driving the road.

Nevertheless, the Defendant neglected this and caused the victim G (the age of 82) who dried the road along the crosswalk to the right side from the left side of the running direction of the said vehicle by negligence in the course of driving the vehicle without due care.

As a result, the Defendant suffered injury, such as the cutting of the body at the bottom of the Bridge, which was accompanied by a non-alleys that require medical treatment for approximately 12 weeks due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to reports on the occurrence of traffic congestion, photographs and diagnosis reports;

1. Relevant legal provisions concerning facts constituting an offense, and Article 3 (1) and proviso to Article 3 (2) and proviso to Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person concerned] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, and January through August of the credit cooperative;

3. The defendant who made a decision to sentence the crime of this case leads to the confession of the crime of this case and there is no record of punishment so far, and the victim is the victim after the closing of argument.