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(영문) 울산지방법원 2018.09.13 2018고단2152

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

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

1. On May 20, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (hereinafter “Road Traffic Act”) and the Defendant came to turn to the left at about 30 km from the erode of the Dong-gu, Ulsan-gu, Ulsan-gu, U.S., to the left at the speed of about 30 km from the erode of the Dong-gu, Dong-gu, U.S., according to one lane among three-lanes.

Since the accident place is an intersection with signal apparatus installed, the driver as a driver must proceed in accordance with signal apparatus instructions, and the driver has a duty of care to take care of pedestrians and prevent accidents by driving the crosswalk.

The Defendant neglected this and caused injury to the victim D(30) of the E-wheeled Vehicle that was in a direct turn to the left due to the negligence of failing to comply with the signal signals in the straight line, and caused about 8 weeks to the right side of the E-wheeled Vehicle that was driven by the victim D(30). At the same time, the Defendant damaged the damaged vehicle in order to cover approximately 2,210,000 won of repair cost.

2. A person who violates the Guarantee of Automobile Compensation Act shall not operate a motor vehicle on the road which is not mandatory insurance, but the Defendant operated a B rocketing motor vehicle with approximately 2 km distance from the G school located in Ulsan-dong, Ulsan-gu, to the present shooting distance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, D, and I;

1. Application of Acts and subordinate statutes to a survey report, photograph, signal cycle mark, diagnostic document, and written estimate;

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46(2)2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act (Article 1 of the Judgment, No. 1 of the same Act)

1. Selection of imprisonment without prison labor or imprisonment without prison labor;

1. Article 37 of the Aggravation of Concurrent Crimes Act.