2020 Highest 322 Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury)

On the other hand, the driver's license holder is a driver's license holder or a mobile phone driver's license holder.

Residential Ulsan-gu

Maddens (prosecutions) and Kim U.S. (Trial)

August 27, 2020

Defendant shall be punished by imprisonment without prison labor for one year.

Criminal Offense Private Exemplary Crime Record

On September 6, 2018, the Defendant was sentenced to one year and ten months of imprisonment for habitual special larceny, etc. in Seoul Western District Court on September 6, 2018, and the Defendant completed the execution of the sentence in the Second Prison of North Korea on September 4, 2019.

【범죄사실】 피고인은 울산@@####호 124.9cc JOYMAX125 오토바이의 운전업무에 종사하는 사람이다.

At around 15:30 on December 12, 2019, the Defendant driven the above Oba, and driven the above Oba, and driven the two-lane road at the speed of 30km in front of the new elementary school located 349-7, Ulsan-gu, Ulsan-si, the two-lanes at the speed of 30km in front of the new elementary school located at the speed of 349-7, a one-way road, one of which is the children protection zone of 30km in front of the new elementary school located in the north-gu, Ulsan-si, Ulsan-si, and runs toward about 70km speed in speed depending on industry, the Defendant got the victim's damage (tentative name, f.e., the age 7) who was moving the nearby road at the speed of 40km in front of the above Obaba.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately six weeks of medical treatment. The Defendant suffered injury to the victim from her surgery by leaving the right side leaves.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

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

1. Aggravation for repeated crimes;

The reason for sentencing Article 35 of the Criminal Act is that the defendant was bound by 70 km a speed of the child protection zone at the time of the crime, and not only caused the injury as stated in its reasoning by the negligence of causing the victim of 7 years of age who was driving a tea in violation of the vehicle-related red signal on the immediate side of the motor vehicle-driven crosswalk, and due to the negligence of the defendant, and the defendant was negligent, even though the injury of the victim is not less than that of the victim, the defendant still did not agree with the victim. The defendant caused the accident of this case by negligence during the period of repeated offense, other than the judgment, that there was the history of punishment by imprisonment, suspension of execution, fine, etc., other than the previous offense, the motive and background, method and consequence of the crime, circumstances after the crime, age and environment of the defendant, criminal records, etc. The defendant is determined as the sentence as per the order, and the defendant is not obliged to give the victim an opportunity to reach an agreement and restore the damage.

Judges fixed-term