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(영문) 울산지방법원 2016.05.27 2016고단1010
교통사고처리특례법위반
Text

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

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 4, 2016, the Defendant, while driving a C-si around 06:47 on March 4, 2016, was driving the c-si to take the intersection in front of the Saemaeul Credit Cooperative in Ulsan-gu, Ulsan-gu, Seoul-do, to take the intersection in front of the Saemaeul Credit Cooperative in the entrance of the entrance, and was making a U-turn to get customers on board.

There are two roads, one lane road, which is inappropriate for the U.S., and the crosswalk is installed immediately next to the string, so even if a person engaged in the driver's duty of driving a motor vehicle is proceeding to the U.S. permitted point for the U.S., there was a duty of care to check whether a person is a pedestrian on the crosswalk and protect a pedestrian crossing.

Nevertheless, the defendant did not confirm the pedestrians crossing the crosswalk in order to board the customers on the flasing, and did so by the occupational negligence of the victim D (58 years old) who was crossing the crosswalk to the flasing place without confirming it on the flasing. The defendant was injured by the victim's flasing the left side of the flasing area into the front part of the flasing seat of the flas, thereby causing about 16 weeks of care for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A medical certificate;

1. Application of the Acts and subordinate statutes of black stuffs and photographs

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Decision on the types of sentencing guidelines: Class 1 (Bodily Injury resulting from Traffic Accidents) of the ordinary traffic accident: The scope of the recommended sentence that the victim does not want to be punished by the defendant; the scope of the recommended sentence that the victim does not have any aggravated element: the imprisonment without prison labor for a month to 6 months (the area of mitigation): General sentencing factors after the accident: Relief measures after the accident, the comprehensive motor vehicle insurance policy, the serious reflect nature - the aggravated element: (a) where serious injury, other than the injury, occurs, the proviso to Article 3(2) of the Special Act on the Settlement of Traffic Accidents.

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