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(영문) 울산지방법원 2016.12.01 2016고단3064
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

except that 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 ESFM car.

On June 6, 2016, at around 13:55, the Defendant opened a shooting distance intersection in front of the entrance of the home fluor parking zone located in Ulsan-dong, Ulsan-gu, U.S., U.S., in order to ensure the traffic of vehicles going on the opposite lane by vehicle congestion at the intersection at the speed of about 10 km from the shooting distance of the mountain beach at the speed of the city at the speed of about 637.

At the time, there is a sidewalk for pedestrians to pass along the right side of the vehicle operated by the Defendant at the time, and there are many pedestrians around the home fluor shopping mall, so in such a case, the driver of the vehicle has a duty of care to change the terms to D, to take the front side and the right side of the driving direction, to properly manipulate the steering direction and the system of the operation, and to prevent the occurrence of the accident in advance.

Nevertheless, the Defendant neglected to do so and caused the reported by the Defendant’s negligence of taking speed pedal while leaving the Defendant’s vehicle in the state of “R” as it is, and thereby, received the victim C (the age of 20) who passed the above report as the back part of the Defendant’s driving vehicle (the age of 20).

The Defendant, by occupational negligence, caused the victim to suffer injury to the victim, such as the blood species and severe cerebral cerebral typosis, which constitutes an incurable or incurable injury.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, and F;

1. The actual condition of traffic accidents;

1. Reports on internal accidents (verification of circumstances of accidents), reports on internal accidents (in relation to the location of the vehicle, opinions on the status of the victim), investigation reports (in relation to the location of the victim);

1. Written estimate or request for cooperation with investigation;

1. Application of each statute on photographs;

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

1. Suspension of execution;

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