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(영문) 울산지방법원 2018.05.17 2018고단108

교통사고처리특례법위반(치상)

Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. Provided, That the execution of a sentence 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 the operation of the Kati T transport vehicle.

On November 3, 2017, the Defendant driven a van at around 19:35, and proceeded to the left from the direction of the gate, Han-dong Park, Han-dong, 105-dong, the 19-ro, Nam-gu, Ulsan-gu, Ulsan-do, the 19-ro, the 19-ro, the Han-dong, the Han-dong, the 105-dong, the Han-dong, the Han-dong, the Han-dong

At all times, since there is a pedestrian crossing installed at night, there was a duty of care to confirm whether a person engaged in driving duty has a way to see well the right and the right and the right of the road, and to drive safely.

Nevertheless, as the Defendant neglected this and proceeded without speed or temporary suspension on the crosswalk, the Defendant was negligent in standing on the right side of the road from the left side of the Defendant’s proceeding to the right side of the road to the right side of the victim D (Woo, 70 years old).

As a result, the Defendant suffered injury, such as a felball, etc., which requires approximately seven weeks of treatment by occupational negligence, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each written diagnosis;

1. Application of the statutes governing traffic accident-related photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2) and (2) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, Article 268 of the Criminal Act, and selection of imprisonment without prison labor;

2. Reasons for sentencing under Article 62 (1) of the Criminal Act (including circumstances favorable to the reasons for sentencing as follows).

1. The conditions favorable to the defendant shall be as follows:

The victim has received a letter from the injured party and has not been punished for the defendant.

There is no criminal history of imprisonment without prison labor or heavier.

2. The circumstances disadvantageous to the defendant shall be as follows:

The degree of damage is not easy.

Despite the history of punishment for the same crime, the crime of this case has been committed at the same time.

3. The above defendant.