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(영문) 울산지방법원 2015.11.19 2015고단2393

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 a wing and cargo vehicle B.

On June 24, 2015, the Defendant driven the above cargo vehicle around 08:20, and led to the left-hand turn-hand turn-hand turn-off of the Driju station located in Yangsan City, according to one-lane from the water basin to the Driju station.

There is a cross-section where signal from green, yellow, and red yellow tampers are installed, and in principle, it is not permitted to turn to the left or U-turn of vehicles and horses because there is no other sign to allow non-protection coordinates or U-turns, so a driver has a duty of care to prevent accidents by driving safely in accordance with the new code.

Nevertheless, the Defendant neglected to turn to the left and went on the opposite lane due to the negligence of violating the signal, and received the front part of the victim E(the age of 47) driving in the front part of the above cargo vehicle.

Ultimately, the Defendant suffered injury, such as the left-hand light, flaverization and fladation of decentralization, which requires treatment for about four months that could cause a permanent physical disability to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. E statements;

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

1. Investigation report (investigation of whether the parties involved in the accident violate any signal), investigation report (Investigation of the results of the investigation of the Road Traffic Authority);

1. Comprehensive traffic accident analysis report;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Act on the Order to Provide community service and attend lectures shall be the mitigated area (one month to six months) of the first type of general traffic accident.