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(영문) 울산지방법원 2014.02.07 2013고단3575

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for a period of two years 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 Cclova vehicle.

At around 16:00 on April 7, 2013, the Defendant, while driving the said vehicle, was negligent in performing the Defendant’s duty of e-learning in front of the east-dong Mo-dong at the front of the second apartment at the front of the city in Yangsan City, while neglecting the Defendant’s duty of e-learning, caused the Defendant’s injury to the victim D (W, 30 years of age) on the left-hand side of the E-learning car driving from the right-hand side of the Defendant’s running, due to its impact, by driving the said vehicle into the front part of the said Crasler’s car driving by the Defendant for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act is not likely to interfere with the victim, but it is not the same power as the defendant has, the excess part of liability insurance shall be compensated by the insurance purchased by the defendant, and

1. Probation and community service order under Article 62-2 (1) and proviso to Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, etc.