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(영문) 울산지방법원 2014.09.18 2014고단1744

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 drives a Cro-cab.

On December 31, 2013, the Defendant driven the above taxi on December 19:30, 2013, and continued the front road of the two rail livestock that is located in the upper west of Yangsan-si, Yangsan-si to the 60km away from the sand non-village to the hilling village.

At the time of night, it was difficult to view the motor vehicle driving at night, so there was a duty of care to prevent accidents by accurately manipulating the front door and the left door and the left door and the left door, and by accurately manipulating the steering and brakes.

Nevertheless, the defendant neglected this and caused the victim D (the age of 40) who walked to the right side of the above road due to negligence, to go beyond the front part of the defendant's taxi driving.

Ultimately, the Defendant suffered serious injury, such as cerebral brain damage, which is accompanied by the reduction of utility and recognition function that requires approximately 12 weeks of treatment to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, on-site and vehicle photographs, and victim photographs;

1. The application of Acts and subordinate statutes to medical certificates, medical opinions, and investigation reports (verification of whether a person is a serious injury);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Sentencing sentencing guidelines [Scope of Recommendation] under Article 62-2(1) of the Criminal Act on the grounds of sentencing under Article 62-2(1) of the Order to Attend a lecture shall select imprisonment without prison labor as an accident causing serious brain injury to a victim who has rendered a decision on the sentence, where a serious injury has occurred (one category) in the basic area (4 to 10 months) (special mitigation) (special mitigation) to recover damage from a traffic accident.

However, the fact that the defendant paid a certain amount of money to the family members of the victim and the family members of the victim were the prior wife of the defendant, and the defendant did not have any criminal record in addition to the fine.