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(영문) 울산지방법원 2020.11.04 2020고단1273
교통사고처리특례법위반(치상)
Text

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

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 a BM3 car.

At around 04:55 on August 26, 2019, the Defendant, along the two-lanes of the two-lanes of the intersection in Ulsan-gu C, Ulsan-gu, U.S., the Defendant got a U.S. internship while proceeding the intersection from the north-gu, U.S., U.S., the two-lanes.

Since there is an intersection with the center line of yellow solid lines, there was a duty of care to prevent accidents, such as driving service workers' proceeding to the internship area, and safe internship in accordance with the new code.

Nevertheless, the defendant neglected this and got the front part of the victim E (the 18-year old) driver's license plate that was driven by one lane in the same direction as the defendant's vehicle due to the negligence of the intern in the U.S. prohibited zone.

As a result, the Defendant suffered injury to the victim E, such as the right-hand knee, which requires four weeks of medical treatment due to such occupational negligence, and injury to the victim F (the age of 18) who was on board the above Yabab together, including the left-hand fel fel, which requires medical treatment for about 14 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, a report on internal investigation (the results of the verification of B B B B Blue Images) and a report on investigation (the response to the results of the request

1. Application of statutes, such as each written diagnosis;

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;

1. Selection of alternative imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] shall be the injury of traffic accidents in general.

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