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(영문) 울산지방법원 2018.09.20 2018고단1075
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above punishment shall be suspended for a period of three 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 of the passenger car B.

On February 20, 2018, the Defendant driven the above vans around 18:16 on February 20, 2018, and proceeded to turn to the left at the right-hand side of the main village intersection in Ulsan-gu Pharmaceutical Do, Ulsan-gu., the Defendant turned to the left-hand turn.

At the same time, the left turn is a section of the non-protective left turn, and the crosswalks where signal lights are installed in the direction of the left turn are installed. In such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a right-hand side and right-hand side and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected to turn to the left as it is and neglected to do so, and the Defendant received C the victim C, who was breaking to the left from the right side of the crosswalk according to the pedestrian signals, from the front of the above van.

Ultimately, the Defendant suffered injury to the victim, such as blood transfusion, due to such occupational negligence, which requires approximately three months medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and an accident scene photograph;

1. Application of Acts and subordinate statutes to a criminal investigation report (whether the injury of a victim constitutes a serious injury) and a medical certificate attached thereto;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act / [Selection of imprisonment without prison labor]

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend a lecture is that the defendant again causes the instant traffic accident that meets the victim of the crosswalk even though he has been punished due to drinking, driving without a license, traffic accidents, etc., and the degree of injury to the victim is relatively heavy. However, the defendant's age, occupation, sex, family relation, living environment, and crime of other defendants' age, occupation, sex, living environment.

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