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(영문) 울산지방법원 2016.12.15 2016고단4010

교통사고처리특례법위반(치상)

Text

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

except that 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

On September 8, 2016, the Defendant driven a cargo vehicle of C 18.5 tons at C 18.5 tons on September 8, 2016, and driven a four-lane road in Ulsan-gun D, Ulsan-do, at a speed of about 30km from the right side of the blue-do along three-lanes from the right side of the city.

Since there is an intersection where signal lights and crosswalks are installed, there was a duty of care to check whether a person engaged in driving service gets on the crosswalk by reducing speed and by properly examining the right and the right and the right of the crosswalk, and to prevent the accident in advance by driving the crosswalk safely in accordance with the new code.

Nevertheless, the Defendant neglected this and got the victim F (the age of 25) who was a victim of a crosswalk which the Defendant gets on the right side of the car driven by his negligence in violation of the signal, along with the pedestrian signal, from the right side of the car driven by the Defendant to the left side.

결국 피고인은 위와 같은 업무상 과실로 피해자에게 약 12주간의 치료가 필요한 어깨 및 위팔의 으깸손상 등의 중상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident and the actual investigation report on the traffic accident;

1. Each photograph;

1. Registers of driver's licenses and certificate sources of insurance coverage;

1. Statement of opinion;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type I (8-2) (a person who is specially mitigated) and the area of aggravation (8-2) (a person who is specially mitigated) and serious injury (a person who is subject to mitigation). (b) where illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the School Special Rule Act is serious (a decision on the suspended sentence] [a decision on the suspended sentence] and the conditions of all kinds of sentencing, such as the following circumstances, age, character and behavior and environment of the defendant, shall be determined as ordered

The victim does not want the punishment of the defendant in consultation with the victim.