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(영문) 울산지방법원 2020.06.17 2019고단4811

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for 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 Bsch Rexton car.

On October 24, 2019, the defendant operated the above car at around 12:00 and proceeded to turn to the left from the direction of the D apartment in the direction of the C apartment.

Since the place is where a crosswalk without signal, etc. is installed, there was a duty of care to prevent accidents by temporarily stopping in front of the crosswalk and examining whether there is a pedestrian driving on the crosswalk.

Nevertheless, the defendant neglected this and caused the victim E (the age of 69) who crosses the crosswalk to the port from the right side of the direction of the defendant's course by the negligence of passing the crosswalk as it is, to go beyond the ground by shocking the front side of the defendant.

Ultimately, the Defendant suffered injury to the victim, such as pressure duplicating 2nd century, which requires approximately 10 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, field photographs, and diagnostic certificates;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person concerned] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, and January through August of the credit cooperative;

3. According to the circumstances favorable to the defendant, such as the confession of the defendant who made the decision of sentence of this case and is divided, the fact that the defendant agreed with the victim, the fact that the vehicle is covered by a comprehensive insurance, and the fact that the defendant is the first offender, etc.