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(영문) 울산지방법원 2017.09.22 2017고단2527
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a vehicle B with low investment.

On June 2, 2017, 07:20, the Defendant, at the speed of about 60km at a speed of 50km from the edge of the transformation station to the intersection of 3-lane radius in the south-gu, Ulsan-gu, Ulsan-do. At the same time, the Defendant straighted the four-lane road at the speed of about 60km from the edge of the transformation station to the edge of the two-lane.

Since there is a three-distance intersection where signal lights are installed, there was a duty of care to prevent accidents by seeing the right and the right of the driver of the motor vehicle and driving the motor vehicle according to green light.

Nevertheless, the defendant neglected the above duty of care and found the victim C (at the age of 55) who gets a bicycle on the crosswalk in accordance with the pedestrian signals at the front section of the front section. However, the defendant did not avoid the victim's bicycle, and did so, the part on the left side of the victim's bicycle was shocked with the front part of the high-speed car.

Ultimately, the Defendant suffered injury to the victim, such as double-water 1strings, etc., on the right side in need of approximately six weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture [type of determination] In general traffic accidents, where the illegality of the type 1 (the person causing a traffic accident) [the person causing a special sentencing] of traffic accidents - sources of punishment for the mitigated element - Cases where the illegality of the proviso of Article 3(2) (excluding subparagraph 8) of the Act on Special Cases concerning the Aggravation (decision on the territory of recommendation] basic area [the scope of recommendation] from April to one year [the person causing a general sentencing] - In cases where an injury other than an injury occurs, the same type of injury does not constitute a repeated crime (one type).

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