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(영문) 울산지방법원 2014.06.19 2014고단667
교통사고처리특례법위반
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaging in driving a ready-light vehicle C.

On December 31, 2013, the Defendant driven the above car on December 17:55, 2013, and driven it in front of the camping market located in the south-gu flood of Ulsan Metropolitan City along the one-lane distance from the direction of the KTS to the direction of the camping distance.

The location is a private-distance intersection where signal lights are installed, and the left-hand turn signal or pedestrian signal can be seen as a U-turn, so in this case, a person engaged in driving of a motor vehicle has a duty of care to safely intern according to the signal or instruction displayed by traffic safety facilities.

Nevertheless, due to the negligence of the defendant's neglect of this, the defendant caused the victim E (the age of 65) who is standing in the opposite lane of the defendant to face with the side of the road while the victim D (the age of 23) who is standing in accordance with green signals is trying to avoid the vehicle of the defendant, while the defendant is trying to avoid the vehicle of the defendant.

As a result, the Defendant suffered injury to the victim D by occupational negligence, such as the left-hand bed salt, etc. requiring treatment for about two weeks, and injury to the right-hand bed and damaged, etc. requiring treatment for about ten weeks to the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, actual survey reports, field photographs, and medical certificates;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against E with heavy circumstances);

1. Selection of alternative imprisonment without prison labor;

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

1. Of the victims of sentencing under Article 62-2(1) of the Criminal Act, there is a person who suffers a serious injury, so the person is selected as a imprisonment without prison labor due to the lack of circumstances.

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