(영문) 울산지방법원 2015.10.28 2015고단1516

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(영문) 울산지방법원 2015.10.28 2015고단1516

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The defendant is a person who drives a marina vehicle as his duty.

On March 6, 2015, at around 15:00, the Defendant came to turn to the left of the Korean Economic Promotion Agency from the Meptal Republic of Korea.

At this point, there is an intersection where signal apparatus is installed.

Nevertheless, the defendant neglected this and did not turn to the left without changing the signal to the stop signal, and the defendant's negligence continued to go to the right from the left to the right and conflict with the DFUMA125 Obama of the victim C(the age of 26) driving.

As a result, the defendant suffered from occupational negligence the injury of the victim, such as the cutting of body body felbs, which requires about 10 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes by cutting off on-site photographs and suspect booms images;

1. Article 3(1) and proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act / [Scope of Recommendation] The reason for sentencing of imprisonment without prison labor / [Article 268 of the Criminal Act / [Article 3(1) and proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Crimes] is that the basic area (Article 4-10 months) (Article 4 of the Act on Special Cases concerning the Settlement of Traffic Accidents) (Article 3(1) and Article 268 of the Criminal Act / [Scope of Recommendation]

On the other hand, the fact that the defendant has no criminal punishment power, deposited 5 million won for the victim, and subscribed to the comprehensive motor vehicle insurance, and that the confession is favorable to the defendant.

In addition, the punishment shall be determined as the Disposition in consideration of the age, general circumstances, etc. of the defendant, and shall not be bound in order to consider favorable circumstances prior to the defendant and to give opportunities for agreement with the victim

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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