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(영문) 울산지방법원 2019.11.26 2019고정688
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a gallebropoly vehicle.

On 17:35 on 24, 2019, the Defendant moved to the right of way from the roads of the D Hospital located in Ulsan-gu, Ulsan-gu, to the educational park of the same city.

Since the former bank is a place that combines with the former road, in such a case, the person engaged in driving service has a duty of care to check the safety of the course by properly examining the former road and then to circumvent it.

Nevertheless, the Defendant neglected to do so and neglected to take part in front of the above vehicle, which is a bus driven by the victim E (the age of 45, South) due to the negligence of bypassing it, and received the back part of the F New Scki as the front part of the above vehicle.

As a result, the Defendant, by negligence in the course of business, inflicted injury on the victim E such as chromatic salt, tensions, etc., which requires approximately two weeks of treatment on the bus, suffered injury on the right side, etc. of the victim G (hereinafter referred to as 22 years of age, women) who was on board the bus due to damage requiring about six weeks of treatment, and suffered injury such as chrop, tension, etc. of a shoulder h (35 years of age, women) in need of treatment for about two weeks of treatment on the bus.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident of E, G and H;

1. Reporting on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, and a black image;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the relevant 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. Selection of an alternative fine for punishment;

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

1. Article 62(1) of the Act on the Suspension of Execution recognizes and reflects his mistake, the degree of violation of the duty of care is relatively not more severe, the defendant can expect that part of damage can be compensated by joining liability insurance, the defendant's old age and health status is not good, as well as the spouse's disease treatment.

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