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(영문) 울산지방법원 2016.10.17 2016고단3055

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of the city bus in the case of fishing between B and B.

On July 22, 2016, the Defendant driven the above bus on July 11:10, 2016, and was under the crosssection of the “Swipo-ro,” which is located at the premium rate of the Yangsan-si, from the “Spo-ro,” the Defendant was under the left turn to the left from the “Spo-ri” page.

At the same time, the signal apparatus was installed in the front, and the direction signal was red signal, so in such a case, the driver of the vehicle has a duty of care to stop the vehicle in accordance with the red signal and prevent the accident from being delayed.

Nevertheless, the Defendant neglected this and neglected to turn to the left in violation of the signal, and received the front part of the victim C driver’s C driver’s front part of the freight Ⅱ, driving the said intersection from the “Yansan Viewing and viewing” room in accordance with the normal signal, with the normal signal.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim C, such as a flag, which requires approximately 13 weeks of medical treatment, and suffered injury to the victim E, who was aboard the bus, such as flag’s salt, tension, etc. requiring approximately 2 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of each medical certificate, each photographic statute;

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

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (including the fact that the above victim does not want the punishment of the defendant under an agreement with the severe victim C, the fact that the above victim does not have any past record of suspended execution or heavier, and the fact that he

1. Social service order under Article 62-2 of the Criminal Act;