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(영문) 울산지방법원 2017.05.11 2017고단583
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 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 a motor vehicle at the DN market.

On December 24, 2016, around 18:45 on December 24, 2016, the Defendant continued to proceed to a multi-sports course from the direction of the new rupture at the intersection between the intersection of the 60-huknam-gu, Ulsan-gu.

Since a crosswalk and signal apparatus are installed, a person engaged in driving service has a duty of care to safely drive by complying with the signal.

Nevertheless, the defendant neglected to perform the above duty of care and proceeded to the left left door, and the victim E who was crossinged from the right side of the defendant's right side of the crosswalk to the port in accordance with the green signals of the crosswalks.

As a result, the Defendant suffered injury to the victim by negligence in the course of performing duties, such as a frightter, which requires approximately 12 weeks of medical treatment, and the closure of the following.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to general medical certificates, photographs;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act of the community service order [limited to sentencing] and Article 62-2 of the same Act are concurrent violations of signal duty and crosswalk duty of care, and thus causing injury to the victim 12 cautioned, and thus, the injured person is not minor, but is a primary offender, and is subject to comprehensive motor vehicle insurance, or a punishment shall be determined as ordered by taking into account the various circumstances shown in the records and arguments, such as the details of the crime, reflect attitude, deposit of KRW 15 million, etc., and the details and arguments of the crime;

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