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(영문) 울산지방법원 2014.05.15 2013고단3919

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for six 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

1. Around 18:00 on May 2, 2009, the Defendant driven a two-wheeled apartment parking lot located in the upstream-dong, Ulsan-gu, Ulsan-gu, Seoul-do, without a vehicle driver's license, at a approximately 13 km section from the 13km section to the front road of the Dong River Hospital parking lot located in the same city-gu.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) was driving the said mountain-est car without a driver’s license at the same time as that set forth in the preceding paragraph and was driving along one lane from the 3rd line road in Ulsan-gu, Ulsan-do.

At the same time, the crosswalk was installed in the front of that place, so in such a case, there was a duty of care to prevent accidents in advance by safely driving the driver while keeping the front door and the right and the right.

Nevertheless, the defendant neglected to turn to the left without neglecting this, and caused the left side of the victim D (the age of 14) crossing the above road to the left side from the right side of the proceeding direction to the left side of the defendant vehicle to go to the ground.

Ultimately, the Defendant suffered injury to the victim, such as the closure of a copy of the inside and outside of the left-hand side, which requires approximately 10 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to E by the police;

1. The actual situation survey report, diagnostic certificate, and the register of driver's licenses;

1. Application of Acts and subordinate statutes governing insurance data;

1. Relevant Article 152 subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime, Article 3 (1), the proviso to Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Imprisonment with prison labor and imprisonment without prison labor for a crime of violating the Road Traffic Act concerning the selection of punishment;