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(영문) 울산지방법원 2017.04.19 2016고단4575

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a ballon car with Dgallon.

On October 12, 2016, the Defendant, around 19:25, proceeded to turn to the left to the left in order to turn to the left for a U-turn, while proceeding from the south Tri-distance slope to the cropo-distance slope in the south Tri-dong, Ulsan-gu, U.S., U.S., a 1200-n. Namnam-do, the South Tri-do, South T

Since there is a crosswalk where a signal, etc. is installed and a left- or left-hand turn is prohibited, the driver has a duty of care to safely drive the vehicle in accordance with the new subparagraph, such as checking whether there is a person who gets on a road by reducing the speed and checking well the right and the right-hand side, and making a right-hand turn or a right-hand turn on a green light.

Nevertheless, the defendant neglected this and caused the left-hand turn to make a U-turn, in violation of the signal, and caused the victim E (25 years old) who was driving in the same direction, to go beyond the road in order to avoid it, and caused the defendant to go against the car driven by the defendant.

Ultimately, the Defendant suffered from the injury of the victim due to the above occupational negligence, such as the left-hand pelke and the left-hand pelke in need of approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of G police, and written statement of E;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes (E);

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment: The fact that a person drives a very dangerous driving, such as making an accident while making an accident while making an accident in the opposite direction by driving one and two lanes in the three-lane signal in the front direction, is considerable in the degree of injury of the victim;

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