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(영문) 울산지방법원 2014.01.17 2013고단3633

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On January 28, 2013, around 13:10 on January 28, 2013, the Defendant was driving a vehicle in front of the post office located in the Seocho-gu Busan Metropolitan City in front of the front-do, Busan Metropolitan City, along with the first-lane road located in the front-distance boundary.

Since the Defendant attempted to park a vehicle on the right side of the above road at the time, the Defendant was a victim D (75 years old) who walked along the right side of the road in front of the Defendant’s driving direction by neglecting his/her duty of care to prevent the accident, even though he/she had a duty of care to prevent the accident by accurately operating the front side and the right side, and by neglecting it.

Ultimately, the Defendant suffered from the victim’s blood transfusions that require approximately eight weeks’ medical treatment due to the above occupational negligence, and thereby suffered serious injury that may arise from a disability, such as laba and laba, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident scene investigation report, on-site photographs, CCTV photographs, etc.;

1. Whether a medical certificate or medical statement is serious;

1. Application of Acts and subordinate statutes to report on investigation (report on the status of the victim and the confirmation of the intention of agreement, and appending written opinions on the disability of the victim);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The basic area (in case of serious injury, not subject to punishment) of the traffic crime injury resulting from the traffic crime group on the sentencing criteria: April to October of the credit cooperative; and

2. The Defendant’s negligence of the Defendant’s sentencing decision causing serious injury to the victim and the result of the decision is a factor that is disadvantageous to the Defendant.

The defendant commits a crime.