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(영문) 울산지방법원 2014.09.19 2014고단1929 (1)
교통사고처리특례법위반
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 the NFIS car volume.

On December 19, 2013, the Defendant driven the above car on December 17:35, 2013, and made the left turn to the left turn in the direction of the water finance center at the non-protection distance intersection in front of the southnsan Station of the water-Eup at Yangsan-si at the time of Yangsan-si.

In such a case, the driver of a motor vehicle, who is engaged in the business of driving the motor vehicle, has paid attention not to obstruct the driving of the motor vehicle on the opposite side by checking well the right and the right and the right of the motor vehicle on the opposite side, and has neglected his duty of care to prevent the accident while neglecting the duty of care to prevent the driving of the motor vehicle on the opposite side, and the driving of the victim C(35 years old) who is directly driving in the direction of the water ICT from the right and the left side of the motor vehicle on the left side of the motor vehicle of the defendant driving.

피고인은 위와 같은 업무상 과실로 피해자에게 치료일수를 확정할 수 없는 안면신경의 손상, 하지의 으깸손상 등의 중상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. An accident-related photograph;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to report on investigation (Submission of a medical certificate to the victim C, and review whether the victim is seriously injured);

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act - Selection of imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the instant vehicle is subscribed to the Financial Cooperative of the National Passenger Transport Business Association, that the Defendant has no criminal records of punishment for imprisonment or imprisonment without prison labor, and that the Defendant is pening errors);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;

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