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(영문) 울산지방법원 2020.10.23 2020고단1950
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person engaging in driving a PP car.

On October 05, 2019, at around 05:37, the Defendant driven the above car and proceeded two laness in the direction of Busan in the direction of both countries, 419, as Yangsan-si, i.e., Yangsan-si.

Since the location is a national road bended by a unit, there was a duty of care to safely drive a motor vehicle's driver by driving the front section and the left and right.

Nevertheless, the Defendant neglected to proceed with the bicycle driving on the two-lanes in the same direction, and received the front part of the bicycle driving on the same side, which was driven by the victim C (year 61) prior to the same direction, as the front part of the car in the mountain saccurb, and suffered serious injury to the victim, such as cerebral typosis, sacrife, and flady or flady, which require approximately 12 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on actual condition investigation, a report on hearing statements, a photo at the scene of an accident, a medical certificate, each written opinion, and each investigation report (victim C status verification, telephone conversations at D Hospital E);

1. Grounds for sentencing under Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act;

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

2. Aggravation of the types of recommendations according to the sentencing guidelines [decision of types] for traffic crimes: General traffic accidents [Type 1] causing traffic accidents (special sentencing person]: In cases of serious injury [the scope of recommendations and recommendations] increased area, eight months to two years by imprisonment without labor.

3. Determination of sentence: The crime of this case committed in June of the imprisonment without prison labor is committed by the victim by causing a traffic accident involving the bicycle riding of the victim prior to the Defendant due to his neglect of the duty to keep the victim in front.

In the event of this traffic accident, the victim suffers a serious damage on the head's department and is seriously aware.

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