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(영문) 울산지방법원 2019.05.17 2019고단255

교통사고처리특례법위반(치상)

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 low-speed car B.

On December 10, 2018, the Defendant driven the above car on December 19, 2018, and proceeded at a four-lane road of the private distance of the community service center located in the new four-lane-dong, Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do, along the industrial tower from the offside of the Eastwest-gu to the industrial tower.

At night, there are crosswalks where signal lights are installed at front of the night, so it is necessary to confirm whether a person engaged in driving of a motor vehicle has a duty of care to reduce speed and to see well the front door, and to safely drive the motor vehicle according to the traffic signal to prevent the accident in advance.

Nevertheless, even though the Defendant neglected this, the Defendant continued to use the crosswalk in line with the pedestrian signals, and caused the victim C(A, 18 years old and 17 years old) and the victim D(P, 17 years old) to stand on the right side on the left side by using the crosswalk in accordance with the pedestrian signals, due to the negligence that continued to proceed even though the signal was a stop signal.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim C in an open room, which requires approximately five weeks of medical treatment, and suffered injury to the victim D, such as light dume, tensions, and so on, which require approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. A written statement of each traffic accident-related person;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the defendant confessions all of the crimes of this case, and there was no record of punishment exceeding the fine, and subscribed to a comprehensive insurance.