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(영문) 울산지방법원 2019.08.09 2019고단694
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 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 driving a NAS car.

On November 30, 2018, the Defendant driven the above car on November 30, 2016:15, and stopped the three-lane road in front of Ulsan-gu, Ulsan-gu, along one-lane from the e-mail distance to the Confucian school.

Since a place is an intersection where central line and signal are installed, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a motor vehicle driving on the road by reducing the speed and by properly examining the side, and to safely drive the motor vehicle in accordance with the signals and prevent the accident in advance.

Nevertheless, the defendant neglected this and caused the FOba, which was driven by the victim E (the 54 years old) who was in direct way under the new code in the direction opposite to the Madar, to be a part adjacent to the right side of the car driven by the defendant, where the defendant violated the signal and is unable to make a U-turn at a place where he is unable to do so.

Ultimately, the Defendant suffered injury to the victim, such as the upper half of the left-hand body, which requires approximately 14 weeks of medical treatment due to the above occupational negligence.

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. A medical certificate;

1. Application of each statute on photographs;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. The scope of recommendation [the determination of types] according to the sentencing criteria for traffic crimes: General traffic accidents [the category 1] causing traffic accidents (the special spons person]: Reduction factors:

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