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(영문) 울산지방법원 2016.04.20 2016고단648

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 a period of 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 a halog golf car.

On December 30, 2015, the Defendant, at a speed of about 30 km in the speed of 30 km along the road of the front Mat-do 3 lanes located in the Namsan-dong, Ulsan-gu, Ulsan-do. On December 30, 2015, the Defendant continued to proceed to the alleyway adjacent to the Et in the direction of Samsan-do.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving motor vehicles has a duty of care to observe the center line.

The Defendant neglected this and neglected to turn to the left at the center line due to occupational negligence, and caused injury, such as brain damage, focusing on the need for about 12 weeks of medical treatment, by shocking the front part of the D next-wing Oral Sea that was driven by the injured party C, which was driven by the injured party C, on the right side of the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A medical certificate (the 19th time);

1. Application of Acts and subordinate statutes to the actual survey report;

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

1. 집행유예 형법 제 62조 제 1 항( 초범인 점, 피해자와 합의 하여 피해 자가 피고인의 처벌을 바라지 않고 있는 점, 그 밖에 기록과 변론에 나타난 범행 경위, 반성태도 등 여러 정상 참작) 양형기준 : 금고 4월 ~10 월 ☞ 교통사고 치상 기본영역( 중 상해, 처벌 불원)

1. The community service order under Article 62-2 of the Criminal Act;