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(영문) 울산지방법원 2019.06.25 2018고단3932
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

The defendant is a person who is engaged in the driving of Mati Cargo Vehicle B.

On October 24, 2018, the Defendant driven the above cargo vehicle on October 16:45, 2018, and led to the flow of the first line in the direction of the flow along the direction of the mountain.

At this point, the road width is narrow and the center line of yellow-ray is installed. In such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle to prevent the accident by safely driving the motor vehicle, such as keeping the boom and the left and the right, and the right and the right of the motor vehicle.

Nevertheless, the defendant neglected this and negligently driven the center line by the negligence, and the driving of the victim C(37 years old) who is proceeding on the opposite road was shocked by the front part of the cargo of the defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the above 16 weeks of medical treatment, such as the upper right completion frame, and the upper right completion frame.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

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

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act (Selection of Depository Punishment);

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is a traffic accident involving the victim’s erroneous negligence, which caused the improper passing of the front vehicle while driving the freight vehicle in the daytime to overtake the front vehicle while driving on the one-lane road. The crime of this case is a traffic accident involving the victim’s fault and degree of occupational negligence, the background and circumstances at the time of the occurrence of the traffic accident.

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