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(영문) 울산지방법원 2016.05.04 2015고단1855
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 of a C-si passenger car.

On April 26, 2015, the Defendant driven the above vehicle at the front parking lot of 101, a new flusium 101, Nam-gu, Ulsan-gu, Ulsan-gu, U.S., on April 26, 2015, while driving the said vehicle, the Defendant took the victim D, who was on the left side of the direction due to occupational negligence and did not properly look at the front side of the vehicle in which the Defendant is driving, and suffered injury, such as the victim’s flusium, the flusium, the flusium, the flusium, the flusium, and the flusium.

Summary of Evidence

1. Part of the Defendant’s statement in the court - The Defendant recognized the fact that the head head of the victim was over the taxi as indicated in the judgment, while recognizing that there was no negligence in the course of business because the victim was unable to see even if he fulfilled his duty of care at the time. However, as a result of the on-site inspection conducted by himself, the victim’s injury in the instant case is deemed to have a relation to the Defendant’s occupational negligence, which was equivalent to the Defendant’s occupational negligence, which did not properly take into account the front bank’s surroundings at the time.

1. Results of on-site inspections by this court;

1. Responses to the request for analysis of traffic accidents by branches in the Ulsan Metropolitan City, the Ulsan Metropolitan City, the Road Traffic Authority;

1. Application of Acts and subordinate statutes to survey reports and diagnostic certificates;

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

1. 집행유예 형법 제 62조 제 1 항( 동 종전력으로 처벌 받은 전력 없는 점, 이 사건 사고 발생에 피해자의 과실도 어느 정도 개입된 점, 개인 택시 공제조합에 가입되어 있는 점 등 여러 정상 참작) 양형기준 : 금고 8월 ~1 년 6월 ☞ 교통사고 치상 가중영역( 중 상해 발생)

1. The community service order under Article 62-2 of the Criminal Act;

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