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(영문) 울산지방법원 2021.01.22 2020고단2112
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 10, 2020, the Defendant driving a Bchip car at around 03:15, and driving a five-lane road in front of Ulsan-gu, Ulsan-gu, Seoul-do, at the private distance of the bus terminal, was driving at a speed of about 60km each hour according to three-lanes from the private distance of the agricultural and fishery product market.

In this case, a person engaged in driving service has a duty of care to prevent accidents by properly operating the steering and steering devices of the vehicle and by properly operating the steering and operating the steering system.

Nevertheless, the Defendant neglected this and found the victim D (the age of 74) who continued to cut the above road on the right side from the left side of the Defendant's proceeding, in accordance with the pedestrian green signal, and continued to cut the pedestrian signal to the red signal, and received the victim by the front panion of the Defendant's vehicle.

Defendant 1 caused injury to the victim due to such occupational negligence, such as cerebral cerebrovassis and cerebral cerebral dyssis damage, which requires at least 12 weeks of medical treatment.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Application of Acts and subordinate statutes to a survey report, related photographs, diagnosis report, and medical statement;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be taken into account the following factors: (a) the accused has led to the instant crime; (b) the accused has committed the instant crime; (c) there exists no record of criminal punishment in excess of the same kind of crime or fine; (d) the victim’s family members have agreed on the occurrence of the accident; (c) the victim’s negligence appears to be concurrent in the occurrence of the accident; and (d) other factors for sentencing, such as the Defendant’s age, environment, degree of injury to the victim; and (e)

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