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(영문) 울산지방법원 2018.09.14 2018고단1981

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of CFUMA125 motor bicycle.

On May 3, 2018, the Defendant driven a bicycle for a motor device at around 20:00, and entered the name scke distance in Ulsan-gu from the front of the certified broker of the Malar, and continued to proceed at about 20 km from the front of the certified broker of the Malar, at the speed of about 20km.

At the time, there is a duty of care to ensure the safe operation of the driver of the vehicle by complying with the signal and properly operating the brake and steering gear, because it is night and at the same time a signal is installed, and the driver of the vehicle has a duty of care.

Nevertheless, the Defendant neglected this and neglected to follow the signal, while driving the signal in red, received the front part of the EMGGGGGE motor bicycle driving ahead of the Defendant’s motor bicycle driving engine, which the victim D(32 tax) was driving in normal course from the middle school side of the day, along with the signal going from the middle school.

Ultimately, the Defendant suffered injury to the victim, such as a rush aggregate that requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each report on internal investigation (the sequence 10, 11 of the evidence list);

1. A medical certificate;

1. Application of each statute on photographs;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., “reasons for sentencing” as follows)

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of the punishment according to the sentencing guidelines] of the Criminal Act: Class 1 (Bodily Injury resulting from Traffic Accidents) of the General Traffic Accidents Act (one month to eight months): The Special mitigated Person: Non-Punishment (including efforts to recover damage) [the decision of sentence].