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(영문) 울산지방법원 2019.08.30 2019고단895
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 engaged in B-si driving service.

At around 05:25 on February 21, 2019, the Defendant, driving the above taxi, led to a single-lane of the national highways No. 2-2 and 24 in Ulsan-gun, Ulsan-gun, U.S. to proceed directly in the direction of the Seodaemun-do in the middle-Eup.

Since the location is in the form of a national road bended with a speed of 80 km/h on two lanes, a person engaged in driving service has a duty of care to observe the vehicle line and speed limit and to accurately operate and operate steering devices and brakes.

Nevertheless, the Defendant neglected this and proceeded at a speed of approximately 140 km/h or above, but failed to accurately operate the steering direction and brakes due to the driving and speed of the string, received a fluent stone at the right edge of the road to the string of the string, and due to the shock, the string of the string of the string to the right edge of the string of the string of the string.

The Defendant suffered injury to the victim C (V, 27 years of age) who was on the back of the taxi due to the foregoing occupational negligence, such as the closure of a reproduction on the outside side, which requires approximately 14 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement of the occurrence of a traffic accident C;

1. A medical certificate and a survey report on actual conditions;

1. Application of Acts and subordinate statutes on vehicle operation, such as photographs of the scene of the accident, on-site examinations, investigation reports (related to the speed of the skin), photographs, traffic recording systems, etc., and vehicle operation screening equipment;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the defendant confessions the crime of this case, is joining the taxi mutual aid association, and the defendant's age, environment, and the process of accident.

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