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(영문) 울산지방법원 2019.05.31 2018고단3327
교통사고처리특례법위반(치상)
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 engaged in driving a Bchip car.

On September 22, 2018, the Defendant driven the above vehicle at around 00:50, and proceeded with a three-distance intersection at the entrance of Ulsan-gun, Ulsan-gun, with a single-lane from the bank to the dynamic bank.

At the time of the accident, there were three-lanes road where the signal, etc. is operated, and there was a vehicle left left at the opposite lane at the time of the accident.

In this case, as a driver, he had a duty of care to prevent accidents by accurately operating an apparatus operation and steering the steering gear in accordance with the signals such as a signal, and accurately manipulating the steering gear.

Nevertheless, while the Defendant was in a direct position in violation of the former bank’s signal, the Defendant received the front part of the right side of the Estyna vehicle driven by the victim D(56 years of age) who was left to the left at the right-hand turn from the front part of the Estyna vehicle operated by the victim D (56 years of age) with the front part of the latter part of the Estyna vehicle, and suffered injury from each of the following: (a) the frame of the fourth double streke in need of approximately 7 weeks of treatment to the victim F (19 years of age) who is the passenger of the damaged vehicle; and (b) approximately 10 weeks of treatment to the victim G (19 years of age) for approximately 10 weeks of treatment; (c) the middle streke in need of approximately 10 weeks of treatment; and (d) the middle streke in the mouth in need of approximately 8 weeks of treatment.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Written statements of D;

1. Application of Acts and subordinate statutes, such as a survey report on the actual condition, on-site photographs, screen pictures for the closure of video images, diagnostic documents (D, G, and F);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

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

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