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(영문) 울산지방법원 2013.05.30 2013고단553

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

On November 15, 2012, the Defendant is a person who is engaged in driving Cpo-vehicles, and around 18:30 on November 15, 2012, the Defendant made the left turn to the left from the front of the Tpo-dong bus stops located in Tpo-ri, Seosan-si, Seosan-si to the front of the Busan Geumdong-dong.

Since there are crosswalks in the front of the road, there was a duty of care to safely drive the road by checking whether a person engaged in driving service has a duty of care to reduce the speed and to live well on the front of the road and the right and the right and the right of the road.

Nevertheless, the Defendant neglected to do so and proceeded with the right side of the above vehicle with the rear wheels of the above vehicle, faced with the victim D(the age of 85) and suffered from the above victim's abstin and the structural frame of the abstin and the abstin of the abstin and the abstin of the abstin, which requires treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A report on actual condition of the police;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The punishment of imprisonment without prison labor is to be chosen because an accident that occurred at a crosswalk for sentencing the grounds for sentencing under Article 62-2(1) of the Criminal Act is serious and the degree of injury is severe and the crime is serious because no agreement is reached. However, a comprehensive motor vehicle insurance policy was subscribed and some (2.5 million won) was deposited out of the amount of damage, the primary crime is the primary crime, the sentencing guidelines for traffic crimes, etc. are to be suspended and the execution of the order is to be suspended.