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(영문) 울산지방법원 2016.10.06 2016고단2635
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a taxi for rocketing other business purposes.

At around 03:30 on May 14, 2016, the Defendant had the front road of the public parking lot in the Gisung-dong, Ulsan-gu, Ulsan-gu, a school-based new wall market run toward the school-based distance from the side of the Sejong-gu Hospital.

Since there are a large number of vehicles parked on the right side and right side of the moving direction, in such a case, the driver has a duty of care to prevent accidents in advance by accurately operating the steering and steering system and operating the steering and steering system in a safe way.

Nevertheless, the Defendant did not discover the victim C (the 68 years of age) who was pushing the fingers in a part that is facing the negligence while driving a stroke while neglecting it, and did not discover it, and she got the victim to go beyond the floor with the upper part of the upper part of the said taxi.

As a result, the Defendant caused the victim to suffer serious injury, such as an external propopon, which requires approximately 16 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs and the closure of suspect vehicle booms images;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of imprisonment without prison labor (with severe negligence and severe criminal records of the same kind, etc. that have caused an accident while driving a person who has been driving a person);

1. Reasons for sentencing [the range of recommending sentence] under Article 62 (1) of the Criminal Act ( favorable circumstances, such as the fact that a person has joined the Financial Cooperative and that a person has no record of suspended execution or more) where a serious injury has occurred (the type 1) in the area of aggravation (eight months to two years) of the general traffic accident.

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