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(영문) 울산지방법원 2017.11.28 2017고단3703

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Criminal facts

The Defendant is a person who is engaged in driving a rocketing taxi.

On September 21, 2017, the Defendant driven the above taxi at around 21:45, and continued to turn to the left at the front of the Home plug-ro 642, Ulsan-dong, Ulsan-gu, Ulsan-gu, Ulsan-do, by making it turn to the left from the front of the Dong Police Station at the front of the Dong Police Station.

At all times, there was a duty of care to prevent accidents by safely driving by complying with the signal in such cases.

Nevertheless, the Defendant neglected the above duty of care and proceeded to turn to the left in violation of the signal while the crosssection signal was straightened, and the front part of the victim C(19 years old) driving in accordance with the straight line in the opposite direction was received by the Defendant as the front part of the two-wheeled vehicle driving in accordance with the straight line in the opposite direction.

As a result, the Defendant caused the victim C to suffer injury to the right side string, inspection, etc., which requires approximately three weeks of medical treatment by occupational negligence, and the victim E (the victim 23 years old), who is a taxi passenger operated by the Defendant, to suffer from the injury to the string and the string of the strings, which require approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report, drug map at the scene of a traffic accident, actual condition survey report, and photographs related to a traffic accident;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Reference to the sentencing guidelines [Type Determination] The basic area of Class 1 (Determination of the sphere of recommendation] (Determination of the injury by traffic accident) (the scope of recommendation] [the scope of recommendation] from April to one year (the person who is subject to general sentencing] - the comprehensive motor vehicle insurance for mitigation factors.