beta
(영문) 울산지방법원 2013.11.28 2013고단3544

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 who is engaged in driving a wing and cargo vehicle B.

At around 15:40 on June 12, 2013, the Defendant driven the above vehicle, leading the front of the 1st apartment vehicle in the Gyeyang-dong, Yangsan-si, Yangsan-si, to the direction of about 50km each hour from the Busan to the Ulsan-do.

Since there is a place where a sidewalk is installed on the right side for pedestrians' traffic, the driver of the vehicle has a duty of care to care for the driver of the vehicle while maintaining the distance from the vehicle in front, and not to violate the sidewalk by properly adjusting the steering direction and brake system.

Nevertheless, due to the negligence of neglecting this, the defendant neglected it, and caused the victim C to suffer injury, such as the left-hand edge of the victim D (the age of 61) of the same pedestrian victim D (the age of 28) who walked on the right-hand side of the victim C (the age of 61) who walked on the back-hand side without properly operating the steering gear, which led the vehicle to the right-hand side, while taking a part of the victim C (the age of 61) who walked on the back-hand side of the road for about seven weeks in order to reduce the speed of the vehicle of the defendant, and the defendant also took part in the part of the victim C (the age of 28) who walked on the right-hand side of the road for about four weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. Medical certificates (E, C, D);

1. Application of statutes on site photographs;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the point of causing bodily injury by occupational negligence) does not constitute a case in which each public prosecution is not granted pursuant to the proviso of Article 3(2)9 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

1. Selection of alternative imprisonment without prison labor;

1. Article 62(1) of the Criminal Code provides that the defendant is in depth against this Court, and that the defendant is in any way against this Court.