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(영문) 울산지방법원 2012.12.28 2012고단922

교통사고처리특례법위반

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

Criminal facts

The Defendant is a person engaging in driving a rocketing car.

On October 14, 2011, the Defendant driven a rocketing car at around 09:20 on October 14, 201, and driven a three-lane road at the vehicle registration office located in the Jinsan-dong, Ulsan-gu, Ulsan-do, along the two-lanes of a shooting distance from the boundary of the middle police station to the front line.

Since it is an intersection where a signal, etc. is installed, a person engaged in driving service has the duty of care to prevent accidents in advance by driving safely according to the traffic signal.

Nevertheless, the Defendant neglected this and neglected to turn to the left on the green straight signal, and received the front portion of the victim D(33 years old) driving E in the front part of the victim D(33 years old) driving in accordance with the straight line, from the seat of the Small and Medium Business Administration, to the seat of the middle police station.

As a result, the Defendant suffered injury to the victim, such as cutting off the right sulverization, which requires approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Each legal statement of witness D, F and G;

1. The actual condition survey report and field photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing signal frequency table;

1. Relevant Acts concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 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

1. It is so decided as per Disposition on the grounds that the suspended execution is more than Article 62(1) of the Criminal Act (including membership to a mutual aid association and the accident of this case, taking into account the fact that the present health status is not good);