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(영문) 울산지방법원 2019.08.28 2019고단1828

교통사고처리특례법위반(치상)

Text

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

except that 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 multilateral cargo vehicle B.

On March 24, 2019, the Defendant driven the above vehicle on March 10, 2015, while driving the vehicle at the speed of 10:5 and driving the vehicle at the speed of D in front of Ulsan-gu C, Ulsan-do, at the speed from the distance of true funeral to the distance of chemical service.

Since there is a center line of the yellow-ray, there was a duty of care to prevent accidents by thoroughly driving all-rounds and safely driving the car line with the driver.

Nevertheless, the Defendant neglected this and got the full side of the F Two-wheeled Automobile driving by the injured party E (the age of 48) who proceeds from the opposite opposite to the two-wheeled Vehicle due to the negligence committed by the center line in order to enter the D where the opposite direction is located on the road.

Ultimately, the Defendant suffered injury to the victim, such as mination of b4 weeks of treatment by occupational negligence as above, in the right-hand laverization.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. On-site map, on-site photograph, actual condition survey report, CCTV image closure photograph;

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

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

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person concerned] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, and January through August of the credit cooperative;

3. The decision of sentence of this case made by the defendant confessions the crime of this case and repents, and the accident of this case resulted from the defendant's central intrusion.