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(영문) 울산지방법원 2020.07.24 2020고단1750
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a vehicle B with low bid.

On December 26, 2019, the Defendant driven the above car at the speed of 10:40 on December 26, 2019, and led to a two-lane road at the right angle of the road at the right angle of the two-lane road at the right angle of the two-lanes at the right angle of the two-lane.

At this point, there is an intersection where signal, etc. is installed and the traffic of vehicles is frequent, so in such a case, the driver of the vehicle has a duty of care to take care of the front side and the left side, and to prevent the accident in advance by safely driving the vehicle in accordance with the new code.

Nevertheless, due to the negligence that the Defendant neglected this, while proceeding while the vehicle is red signal, the Defendant received the part on the left side of the victim D(66 years old) drive E in line with the victim D(66 years old) driving in line with normal signals from the right side of the direction of the Defendant, as the front part of the vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the right side side part of the two governments, and the light blood transfusion from the two governments, for about six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, an accident site photograph, an actual condition survey report, and a medical certificate;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

Unfavorable circumstances: traffic accidents are caused by gross negligence of the defendant's violation of signal.

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