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(영문) 울산지방법원 2013.08.30 2013고단2467

교통사고처리특례법위반

Text

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

However, 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 freight B and B.

On April 26, 2013, the Defendant driven the above cargo vehicles around 14:50 on April 26, 2013, and had the crosswalk at the entrance of the water-Si, Yangsan-si, Yangyang-do, Yangsan-do, left directly from the sloping park on the ground of the high-speed park.

At the time, there is a crosswalk, so in this case, the driver of the vehicle has a duty of care to check whether there is a pedestrian who gets on the crosswalk.

Nevertheless, without such confirmation, the Defendant neglected the above confirmation and caused the victim C (the male and 76 years old) who cross the above crosswalk to the port from the right side of the Defendant’s driving direction to the port, to go beyond the right side of the Defendant’s driving freight.

Ultimately, the Defendant suffered, due to the above occupational negligence, a serious injury caused to the victim, such as a fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fla

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes to medical certificates, certificates of medical records, and medical statements (whether to cause serious injury);

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 (Considering the following grounds for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The basic area (not subject to punishment, or serious injury) of traffic crime group caused by traffic accident on the sentencing criteria: April to October of credit cooperative; and

2. The Defendant’s negligence of the Defendant’s sentencing decision causing serious injury to the victim and the result of the decision is a factor that is disadvantageous to the Defendant.

It is true that the defendant committed a crime and misunderstanding is divided in depth, and it is not the previous one.