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(영문) 울산지방법원 2015.05.14 2015고단404
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C low-est car.

On December 5, 2014, the Defendant driven the above car at around 12:10, and got to turn to the right from the direction of the area exhibition to the school district of Ulsan-gu, Ulsan-dong.

However, since the location of the vehicle at the time has many traffics around the market, there was a duty of care to prevent accidents, such as accurately manipulating the steering gear, brake system, etc. of the vehicle.

Nevertheless, the Defendant neglected to do so and neglected to walk on the front side of the road, and the victim D (73 years old) who walked on the left side of the road was shocked with the left side of the said vehicle.

As a result, the Defendant suffered injury, such as the frame of the Hashea Group accompanied by an inner slope, such as requiring approximately 10 weeks of treatment, due to such occupational negligence, and the left-hand side of the Hashea Group.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. A traffic accident report, a actual condition survey report, and on-site photographs;

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

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

1. Reasons for sentencing of selective sentencing of punishment [the scope of recommendation] general traffic accident [the person who has no basic area (4 to 10 months) (the decision of sentencing] of the first category (the person who has a special relation to traffic accident] (the decision of sentencing] confessions and reflects the defendant; the fact that the degree of violation of the defendant's duty of care is not serious is favorable to the defendant; however, the victim does not make any effort to recover from damage even though the victim's injury is serious; and the victim is able to compensate only within the scope of liability insurance; and the defendant's age, character, environment, and circumstances after the crime are considered.

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