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(영문) 울산지방법원 2014.05.15 2014고단433

교통사고처리특례법위반

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 a C Poter cargo vehicle.

On October 19, 2013, at around 05:50 on October 19, 2013, the Defendant moved the front road of the Ulsannam-gu Hyundai Women's Republic of Korea into a single-lane radius from the bank of the long-term wharf.

At the time, it is difficult to secure view due to low tides around the new wall, and the above place is not separated from the roadway and delivery. In such cases, a person engaged in driving of a motor vehicle has a duty of care to check whether there is a pedestrian or not on the road and safely proceed.

Nevertheless, the Defendant neglected to do so and proceeded along the right side of the above road, and received the victim D (Nam, 74 years old) who walked along the right side of the vehicle for driving from the front side of the vehicle for driving to the road.

As a result, the Defendant suffered from the above occupational negligence that caused a serious injury to the victim, such as the impossibility of walking and sexual marijuana, due to the injury to the external brain that requires medical treatment for about 16 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to a written request for cooperation in investigation, each investigation report (referring to the treatment status of the victim, investigation of the treatment status and progress of the victim, interview with doctors, and patient status);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents of Type I (1-6) [Special Mitigation] (including efforts to recover from traffic accidents), the area of mitigation (1-6 months] of punishment (including serious efforts to recover from damage), the elderly victim is selected by a imprisonment without prison labor in consideration of the fact that he/she suffers serious injury due to the head of this accident, but the sentence shall be determined as per the disposition in consideration of the circumstances, such as the fact that an agreement has been reached with the injured party and the fact that there is no criminal history;