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(영문) 울산지방법원 2014.05.30 2014고단426
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On December 26, 2013, the Defendant driven the above car on December 26, 2013, and led to a speed of about 60 km from the underground side of the alternative road, at approximately 20 km away from the intersection of the Seoyang-gu Incheon Metropolitan City, Ulsan Metropolitan City, GS25 points.

At the time of night, it was difficult to view the view at night, and there was a crosswalk installed no signal signal at the front door, so there was a duty of care to prevent accidents in advance by driving safely by checking whether there is a person who gets engaged in driving of a motor vehicle by reducing speed and checking well the front door.

Nevertheless, the defendant neglected this and found the victim C (the age of 59) who was walking a crosswalk to the right side from the left side of the passenger car driving direction of the defendant in marine by negligence, and did not take measures to avoid this, and had the victim C (the age of 59) go beyond the ground by taking the front part of the above passenger car as the front part of the victim's right side.

As a result, the Defendant suffered injury to the victim, such as the right frame, which requires approximately nine weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

1. An accident-related photograph;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

1. Aggravation of a suspended sentence as provided for in Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reduction elements for the first category (the injury of a person causing a traffic accident) of traffic accidents on the basis of the sentencing criteria: Reduction elements for traffic accidents: One month to six months (the sentencing scope of a person making a recommendation) without prison labor for a credit cooperative;

2. An accident at a crosswalk where a sentence is to be pronounced;

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