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(영문) 울산지방법원 2013.05.02 2013고단590
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

On October 16, 2012, the Defendant is a person who is a driving employee of Lone Star Car. Around 05:30 on October 16, 2012, when driving the said bus and driving along two lanes along the two-lane roads in front of the Gyeong River apartment in Ulsan-gu, U.S., the Defendant suffered from the injury of the victim (e.g., the victim (e., the 60 years old) crossing the crosswalk from the right side of the said vehicle by his occupational negligence in violation of the signal to the left side of the said vehicle in the same direction as the victim D (the 62 years old), who was walking the bicycle in the same direction as that of the said Gohap, and caused the victim (the 62 years old) to suffer the injury of the said D, such as an injury to the e.g., sexual intercourse requiring medical treatment for approximately 20 weeks in the middle of Ulsan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. The actual survey report and on-site photographs;

1. Each written diagnosis (the sequence 11, 14, 16 of the evidence list);

1. Application of Acts and subordinate statutes to report on investigation (victim status);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The facts constituting the crime on the ground of the selective sentencing of a sentence without prison labor are crimes falling under the category I of general traffic accident according to the sentencing guidelines, and fall under Article 3(2) proviso of Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents, “in the event of serious injury,” and Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents. Therefore, the punishment as ordered shall be determined by taking into account all the circumstances (in particular, the fact that the defendant did not subscribe to a comprehensive motor vehicle accident insurance) recorded in the trial and records of this case within the scope of the aggravated sentence area.

It is so decided as per Disposition for the above reasons.

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