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(영문) 울산지방법원 2020.11.27 2020고단4134
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter Cargo Vehicles.

On August 23, 2020, at around 09:29:29, the Defendant continued to turn to the left the front distance of Ulsan-gun C, Ulsan-si from the sloping-si to the seat of the D community hall.

Since a place is an intersection and a center line is installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle with a duty of care to live well with the front line, to pay attention to the passage of another motor vehicle, and to safely drive the motor vehicle.

Nevertheless, the defendant neglected this and proceed to the left at the left, while entering the left-hand side of the central line and driving a left-hand turn at the right-hand side of the central line, and the victim F (the age of 54) who was driving from the D community hall room to the E community hall room in line with the last wheel part of the G motorcycle driving by the driver F (the age of 54).

Ultimately, the Defendant caused the victim to suffer injury, such as pulververging in the culverg, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs and on-site survey reports;

1. A F medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (influence of a suspect's central line);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The decision of a fine shall be made by taking into consideration the favorable circumstances, such as the following: (a) the injury of a victim on the grounds of sentencing in Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order; (b) the injury of a victim on the grounds of sentencing in Article 334(1) is serious; and (c) the central line is an accident that intrudes with the central line; (d) the defendant is

In addition, the circumstances of the accident in this case, the age, character and conduct, environment of the defendant, etc.

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