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(영문) 울산지방법원 2018.11.30 2018고정872
교통사고처리특례법위반(치상)
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a cuss car in C.

On July 2, 2018, when the Defendant drives the above vehicle around 16:00 and makes a left-hand turn from the front of the road in front of the Ulsan-si to the educational successful slope from the E side, the Defendant has a duty to pay attention to prevent accidents by temporarily stopping the vehicle in the intersection, since it is an intersection where a red light light is installed, so in such a case, the Defendant has a duty to pay attention to prevent accidents by continuing the vehicle with due care to other traffic after temporarily stopping the vehicle in the intersection.

Nevertheless, the Defendant neglected to do so and did not designate a stop line on the intersection, and did not turn to the left, and received the part on the left side of the Defendant’s driving of the Victim F(F, 41 years old) driving, which was proceeding from the E private distance room to the school successful side, as well as the part on the right side of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim, such as cerebral salvy, which caused the victim to undergo approximately two weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, on-site photographs, and a statement of the occurrence of a traffic accident

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the confession and reflects the Defendant’s act of crime; (b) the victim’s injury is not serious; (c) the Defendant’s economic situation and old; (d) the circumstances after the crime were committed; and (e) the conditions for sentencing specified in the argument of the instant case are considered.

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