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(영문) 울산지방법원 2014.06.27 2014고단575

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaging in driving a rocketing car.

On February 15:10 on February 7, 2014, the Defendant driven the said car and proceeded at a speed of about 20 kilometers a speed of 20 kilometers a speed of speed from the opposite side to the future information of the vehicle agency of the Pluri-gun, Ulsan Metropolitan City, the Plsan-gun, the Republic of Korea, the Pluri-gun, the Republic of Korea, the Republic of Korea, along with the two-lane road of the Pluri-gun, the Cr.

At the time, the passage of rain, the front door, and the crosswalk was installed at the front door, so in this case, the driver engaged in driving service has a duty of care to check whether there is a person who gets on a road by reducing speed and by breaking the right and the right and the right and the right and the right and the right and the right and the duty of care to safely drive.

Nevertheless, the defendant did not discover the victim D (78 years of age) who cross the crosswalk from the left-hand side due to the negligence of neglecting it, and did not discover the victim D (78 years of age) who cross the crosswalk to the right-hand side, and the part of the victim's car was left-hand side and went beyond the ground.

Ultimately, the Defendant suffered injury to the victim due to such occupational negligence during approximately eight weeks, such as an injury to a sloping sloping, etc., which requires approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Aggravation of a suspended sentence as provided for in Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reduction elements for the first category (the injury of a person causing a traffic accident) of traffic accidents on the basis of the sentencing criteria: Reduction elements for traffic accidents: One month to six months (the sentencing scope of a person making a recommendation) without prison labor for a credit cooperative;

2. An accident of crosswalks for which the degree of injury is significant; and