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(영문) 울산지방법원 2014.09.26 2014고단811
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

On December 24, 2013, at around 17:50, the Defendant driven a trib belt 17-ro, Nam-gu, Ulsan-gu, Ulsan-do sports cargo vehicle, which is one of the two-lanes of the two-lanes, and caused the victim to obtain approximately 12 weeks of erode, which requires the treatment of the victim C (the age of 14) (the age of 14) who crosses the road to the port from the right side of the road according to the pedestrian signals of the above cargo due to the negligence of violating the signal and pedestrian protection duty while driving at a speed of about 50 kilometers of the two-lanes of the above two-lanes of the two-lanes road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of traffic accident-related person (D);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (the progress of treatment of a victim);

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act - Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The amount of punishment under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Aggravation of recommendations on the sentencing criteria [the scope of sentencing guidelines] : Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents [the determination of types] : General traffic accidents (the injury of a traffic accident): Where illegality in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (the scope of sentencing recommendations] : 8 months to 1 year and 16 months (the area of heavy taxation);

2. Violation of the decision of sentence, violation of signal signals and the degree of damage to the victim due to the accident of crosswalks, the fact that the victim does not want the punishment of the defendant, that there is no penalty power of imprisonment with prison labor, and that the mistake is divided;

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