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(영문) 울산지방법원 2019.01.24 2018고단2815
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 one year from the date of the sentence.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B B B-S cruise car.

On August 15, 2018, the Defendant driven the above car at around 10:50, and led the road to the intersection of the Dmart, front of the Dmart in Ulsan-gu C, Ulsan-do, to the vehicle registration office from the direction of E.

Since there is a signal apparatus installed, there was a duty of care to prevent accidents by safely entering the intersection according to the new code to a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant, by the negligence of entering the red maid intersection, conflict between the victim F (the 27-year-old driver) driving the said intersection and the fronter of the said B/H (the 55-year-old driver) driving with the victim F(the 27-year-old driver) driving of the said B/L with the fronter of the said B/L car and continued to conflict between the victim G (the 50-year-old driver) driving of the said B/L and the victim H (the 35-year-old driver) driving with the fronter of the said B/L.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim F, such as salt, tensions, etc. on the chills that require approximately two weeks of medical treatment on the part of the victim F, and inflicted injury on the victim G, such as chills, tensions, etc. that require approximately three weeks of medical treatment on the part of the victim G, and suffered injury on the victim H such as chills, tensions, etc. that require approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Practical condition survey report, on-site photographs, and closure photographs of each image;

1. Application of the relevant Acts and subordinate statutes accompanying each medical certificate and various video CDs;

1. Article 3 (1), the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Facts constituting an offense, and Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that there is no special criminal record of the defendant, it is divided after the crime, and most of the victims have agreed to recover damage.

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