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(영문) 울산지방법원 2019.07.19 2019고단924

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for three 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 e-sports cargo vehicle B.

On January 2, 2019, at around 13:15, the Defendant driven the above cargo vehicle and proceeded at the speed of two lanes in front of Ulsan-gun, Ulsan-si, U.S. C from the offside of the D Middle School to the offside of the Seodaemun-gu Office, the Defendant obtained the victim E (the age of 57) who was standing the crosswalk on the right side from the left side of the said cargo vehicle in front of the said cargo vehicle, by negligence in the course of business, in violation of the signal while the vehicle's progress signal is red, and in accordance with the signals, such as the signal for the course of the vehicle, and in accordance with the signal such as the signal for the course of the vehicle, the Defendant continued to go beyond the floor.

Ultimately, the Defendant suffered injury to the victim, such as cutting down the right frame, for about 10 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the E’s statement, diagnosis certificate, traffic accident report, and statutes governing field photographs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, 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. Determination of sentence of this case has been made by taking into account various sentencing factors, such as the accused’s age, environment, and circumstances after the commission of the crime, where the accused has led to the confession of the crime of this case and there is no record of the crime subject to punishment so far, the victim does not have the punishment for the accused by mutual consent with the victim.