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(영문) 울산지방법원 2013.08.22 2013고단2305
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving a car.

On April 23, 2013, the Defendant driven the above car at around 19:30 on April 23, 2013, and moved the three-distance intersection in front of the So-dong So-ri, So-ri, So-ri, So-ri, So-ri, So-ri, So-ri, So-ri, So-ri, So-ri,

At the time of night, there was no signal signal lights installed in the front door, so in this case, the driver of the vehicle had a duty of care to safely drive the crosswalk by examining whether there is a pedestrian who gets to walk the crosswalk, and as such, there was a duty to safely drive the crosswalk.

Nevertheless, the Defendant neglected to do so and proceeded along as it is, by negligence, received the part of the victim C (Nam, 53 years old) left-hand side of the crosswalk on the right-hand side from the left-hand side of the direction of the Defendant’s proceeding, as the front-hand part of the Defendant’s driving car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately eight weeks of medical treatment, such as the entrance to the left-hand side and the mouth.

Summary of Evidence

1. Defendant's legal 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. Article 3 (1) (proviso)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Facts constituting an offense, Article 268 of the Criminal Act, the selection of fines;

1. Although the reasoning for sentencing under Articles 70 and 69(2) of the Criminal Act in the detention in the workhouses cannot be deemed to be light of the defendant’s negligence, the following circumstances are combined: (a) the defendant’s negligence in sentencing cannot be deemed to be less than that of the defendant; (b) the defendant was unable to properly see the victim who suffered color clothes at night on the date of non-exploiting; (c) the defendant was covered by a comprehensive insurance; (d) the victim’s damage level

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