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(영문) 울산지방법원 2017.12.07 2017고단3586
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a vehicle in CM520.

On September 18, 2017, the Defendant driven the above car at around 19:30, and proceeded with two lanes in front of the E cafeteria located in Ulsan Metropolitan City D, Ulsan Metropolitan City, at the boundary of the police station located in Ulsan Metropolitan City, at about 40km each hour at a speed of about 40km from the Gu-young private distance slope.

At the time, the view of the front door was not clearly secured at night, and in the front door, the crosswalk was installed, so in such a case, the driver of the motor vehicle had a duty of care to look at the front door well, to reduce the speed, and to accurately operate the brake system so as to prevent the accident in advance.

Nevertheless, the defendant did not discover the victim F (the age of 84) who was crossing the crosswalk installed on the right side from the left side of the crosswalk in the direction of the defendant's proceeding due to negligence while neglecting it, and did not get the victim F (the age of 84) to go beyond the floor.

As a result, the Defendant suffered from the above occupational negligence to the upper part of the upper part of the upper part of the victim, which requires approximately seven weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant, on the crosswalk in which the safety of pedestrians should be absolutely guaranteed, causing serious injury to pedestrians from the crosswalks up to seven weeks in full.

However, the above crosswalk is not installed with a yellow-off signal, etc. that leads to signal lights or attention, and it shall be visible with the head of the vehicle coming at night by the defendant.

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