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(영문) 울산지방법원 2014.08.28 2014고단776
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 of freight vehicles C 11 ton.

At around 12:50 on December 6, 2013, the Defendant driven the above vehicle and proceeded to the direction from the side of the head of Ulsan-gun, U.S. to the front of the present real estate.

At the same time, the vehicle's total weight was 35,030 km on the vehicle at the same time, and thus, the driver of the vehicle with the same distance was obliged to operate the brake in advance by properly operating the brake in advance and safely drive the vehicle and prevent the accident in advance, considering the weight of the vehicle.

Nevertheless, the Defendant, without speed, was negligent in the course of his duty, who did not properly operate the operation of the operation system, caused a serious injury, such as an external wound sofachip blood, etc., in which the victim D (W, 50 years old) driving in front of the Defendant’s direction, was placed in front of the Defendant’s vehicle, and the victim’s treatment days cannot be known due to the shock.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A reply to a traffic accident report, on-site and photograph of the accident vehicle, or on-site investigation request;

1. A medical certificate, an injury medical certificate, and a medical opinion;

1. Application of Acts and subordinate statutes to a report on investigation (temporary inspection of booms of sea-going vehicles);

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. Article 62 (1) of the Criminal Act;

1. Where a large-scale cargo vehicle loaded with heavy cargo, the sentencing guidelines [the range of recommending punishment] for the sentencing of Article 62-2 (1) of the Criminal Act for orders to provide community service and attend lectures, is operated in the area of aggravation (8 to 16 months) (a specially under special circumstances] of serious injury (one type).

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