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(영문) 울산지방법원 2013.07.04 2013고단276

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

On November 9, 2012, the Defendant is a person engaging in B rocketing taxi driving, and, on November 20, 2012, the Defendant continued the front road of the stick sticker store in the south-gu, Ulsan-gu, U.S., U.S., at a speed of about 20km in speed from the 2nd-dong community service center to the new uniforms.

Since a crosswalk is installed in the front door, there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as reducing or stopping speed for a person engaged in driving the vehicle, and checking whether there is a pedestrian who has a crosswalk.

Nevertheless, the Defendant neglected this and proceeded to the port from the right side of the Defendant’s proceeding, and then discovered the victim C (the 18-year old age) to the left side of the above crosswalk, and then got the victim to the front part of the taxi of the other Defendant.

Ultimately, the Defendant suffered injury to the victim, such as the mouth of the left-hand gate, which requires approximately seven weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and on-site photographs of the police;

1. C’s statement;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

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

1. Probation and community service order accidents at crosswalks for sentencing under the proviso to Article 62-2 (1) and (2) of the Criminal Act, which are subject to heavy injury, select imprisonment without prison labor punishment, and partly compensate for damage caused by joining the Financial Cooperative, having no record of punishment due to traffic accidents, and sentencing guidelines for traffic crimes in consideration of the details of the accident in this case and the background of the traffic crime in this case, the execution of the sentence shall be suspended, but the community service order shall be suspended for a certain period of time, taking into account the circumstances that are not agreed with the victim