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(영문) 울산지방법원 2015.10.08 2015고단1590

교통사고처리특례법위반

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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

The defendant is a person who is engaged in driving of one ton cargo vehicle B.

The Defendant, around 14:00 on June 11, 2015, proceeds about 30 km from 14:0 p.m. to 7 km from the edge of the sloping road to 7 km.

The left turn has been made.

However, since there is a pedestrian crossing without signal lights, a person engaged in driving service has the duty of care to check whether there is a person to walk the pedestrian crossing and drive safely.

Nevertheless, the Defendant neglected to perform the above duty of care and was negligent in proceeding with the Defendant, at the time of the accident, committed a part of the victim E (the age of 59) with the front part of the said cargo vehicle.

Ultimately, the Defendant suffered approximately six weeks of medical treatment from the above victim due to the above occupational negligence, such as L2, L4 parts, and cerebral leys.

Summary of Evidence

1. Defendant's legal statement;

1. One fact-finding survey report, traffic accident occurrence report, accident scene photograph, etc.;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on investigation reports (CCTV image);

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 and the Selection of Imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] is the basic field (decision of sentence) of the first type of traffic accident (decision of April-10) (decision of sentence) and the record of being punished twice due to drinking driving, considering the fact that the degree of injury is serious as a crosswalk accident, it is selected as a imprisonment without prison labor in consideration of the fact that the degree of injury is serious, and the execution of the sentence is suspended considering the circumstances of the accident in this case and the sentencing guidelines for traffic crimes. However, the community service order is added for a certain period of time, taking into account the fact that there is no agreement with the victim.