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(영문) 울산지방법원 2014.04.25 2013고단3801

교통사고처리특례법위반

Text

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 a rocketing car.

On September 4, 2013, at around 06:30, the Defendant operated a three-distance intersection in front of 204-dong, Ulsan-dong, Ulsan-gu, Ulsan-dong, at approximately 40 kilometers per hour from the dong-gu, Ulsan-do, to the Myeongsan-si, Ulsan-gu, U.S. Science University.

Since there is a crosswalk where a signal, etc. is installed, in such cases, the defendant engaged in driving service has a duty of care to check whether there is a person who gets on the way to reduce speed and to check the right and the right and the right and the right and the right of the defendant, and to drive safely according to the new code.

Nevertheless, the defendant neglected this and proceeded as it is, while disregarding that the vehicle progress signal is changed to the stop signal, and the part of the bridge of the victim D (the age of 28) crossing the crosswalk from the right side of the defendant's course to the left side was received as the front part of the vehicle driven by the defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence in need of approximately 6 weeks of medical treatment, such as the left-hand malute, the outer side malute, the malute, the bones, and the malute of the malute.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement related to a traffic accident (E);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Photographss related to traffic accidents;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The amount of punishment under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of the recommended sentence on the sentencing guidelines [the scope of the sentence [the scope of the recommendation] the category 1 of general traffic accidents (the injury caused by traffic accidents] shall be four months from April to October of imprisonment without prison labor;

2. Decision-making crosswalks for sentencing;