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(영문) 울산지방법원 2018.08.30 2018고단1004

교통사고처리특례법위반(치상)

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

On June 17, 2017, the Defendant driven the above taxi at around 00:37, and operated the 4-lane road in the direction of the industrial tower, along the two-lane in the direction of the industrial tower in the direction of the direction of the common distance crossing in Ulsan-gu, Ulsan-gu., Ulsan-do, by driving the above taxi at about 50km per hour, starting from the signal waiting in the direction of the industrial tower in the direction of the industrial tower, and driving at about 50km per hour.

At the time, the pedestrian crosswalk was installed at night and at that place, so in such a case, there was a duty of care to protect pedestrians who build a road by driving the motor vehicle, including whether there is a pedestrian who continuously flabing the road after the pedestrian signal was changed to red color, and there was a duty of care to protect pedestrians who safely drive the road.

Nevertheless, as a result of the occupational negligence that the Defendant neglected this and proceeded without looking well at the front side, the Defendant started to build a road on the right side from the left side of the running direction of the Defendant, along the crosswalk of a pedestrian green on-and-off signals, and continued to build a road even after the pedestrian signal has been changed to the red color, and received the victim D ( South, 59 years old) who continued to build a road in front of the taxi of the Defendant.

As a result, the Defendant suffered injury to D in the course of performing such occupational negligence, such as mathy and influence, due to serious brain damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual condition, 1, 2, and photograph;

1. Each internal investigation report and investigation report;

1. Application of Acts and subordinate statutes to medical certificates and medical statements;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the scope of the recommended sentence) of the suspended sentence shall be the type of general traffic accident (the injury caused by traffic accidents).