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(영문) 울산지방법원 2019.10.25 2019고단1868
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the driving of B 24t Trucks.

On April 10, 2019, the Defendant driven the above truck on April 10, 2019, while proceeding three-lanes in front of the C in Ulsan-gu along one-lane from the intersection distance to the intersection distance from the intersection distance, and led to the left left right turn at about 10km per hour on the side of the C (10km).

At the time, there was a rain and a road where a central line is installed. In such a case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle by using the upper right lane of the central line.

Nevertheless, the Defendant neglected this and went to the left by the negligence of the center line as above, and led the victim D(50 years of age) driving from the SK Energy TCA110 Orala, which is proceeding to the SK Energy T. 110 Orala of the victim D(50 years of age), to avoid collision with the truck of the Defendant’s driving, caused the Defendant to go to C.

Ultimately, the Defendant suffered injury, such as an open frame of body booms accompanied by a non-alleys (all parts) that require approximately 14 weeks of treatment to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A medical certificate;

1. Application of each statute on photographs;

1. Legal provisions applicable to the facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Depository Punishment)

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. The scope of recommendation [decision of types] according to the sentencing criteria: The general traffic accident [Type 1] there is no person causing a traffic accident (special sentencing range] (the scope of recommendation field and recommendation range], the basic area of recommendation and recommendation range], and April through one year;

3. Sentence;

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