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(영문) 울산지방법원 2019.07.10 2019고단779

교통사고처리특례법위반(치상)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle B and Grand City.

On January 5, 2019, the Defendant driven the above car on January 12:45, 2019, and driven the front road of Ulsan-gu C from the boundary of the hospital to the Samsan-dong Road.

There is a place where the center line of yellow solid lines is installed, and in such cases, there was a duty of care to prevent accidents by driving safely, such as driving safely, by accurately operating the steering gear and operating the steering system to prevent the accidents by safely driving the vehicle.

Nevertheless, the Defendant neglected this and was driven by the injured party E (the age of 62) who was under way due to the negligent negligence of the center line, and received the front part of the car driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as the return of the frame that requires medical treatment for about 12 weeks due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, 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), the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268

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

1. According to Article 334(1) of the Criminal Procedure Act of the provisional payment order, the accident in this case occurred due to the negligence of the defendant's central bed, and even though the degree of injury of the victim was considerably significant, the defendant is recognized as having led to the crime in this case, and the defendant has made a confession and divided into the crimes in this case, the defendant has agreed to pay 20 million won to the victim, the vehicle is covered by comprehensive insurance, the defendant is the primary offender, the defendant is the primary offender, and all other circumstances as shown in the records, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.