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(영문) 울산지방법원 2021.02.18 2020고단2250

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of five 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 with BPD125cc.

On February 21, 2020, the Defendant driving the above Obabaon around 23:31, and driving the five-lane of the “D” road in Ulsan-gu, Ulsan-gu, at a speed of about 40 to 50km each hour according to three-lanes of the two-lanes of the two-lane width.

Since there is a crosswalk where a signal, etc. is installed, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a road by reducing speed and checking the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, the defendant neglected this and got the victim E (60) to stand the crosswalk from the left side of the defendant's running direction to the right side in accordance with the pedestrian signals of the crosswalk by negligent negligence in driving in violation of the signal, and caused the victim to go beyond the road.

Ultimately, the suspect suffered injury to the victim, such as cerebral brain damage and cerebral cerebral dys, which requires treatment for up to three months due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The actual survey report, the traffic signal system, and the diagnosis report;

1. Application of Acts and subordinate statutes to on-site photographs and CCTV images for the control of spirits vehicles;

1. Relevant legal provisions of the relevant criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act, Article 268 of the Criminal Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the defendant's negligence is grave, and the degree of injury to the victim is heavy, and the liability insurance has been subscribed, but it does not reach a criminal agreement with the victim.