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(영문) 울산지방법원 2014.12.30 2014고단3238
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 25, 2014, at around 08:50, the Defendant, while driving a 3-laned road in front of the Pyeongtaek-gu New East-dong, Ulsan-gu, Ulsan-gu, along two-lanes, from the view-based distance room to the view-based distance room, and there is a crosswalk installed at the front. Thus, despite the fact that there was a duty of care to safely check whether a person walking along the crosswalk is a person walking along the crosswalk and to safely proceed with the crosswalk, the Defendant, while neglecting the duty of care, suffered injury, such as the cutting-out and closing of the d (n, 76 years old) of the victim crossing the above crosswalk from the front part of the above passenger leg at the front part of the direction of the proceeding, who is facing the above crosswalk from the front part of the above van, received from the victim D (n, 76 years old), who is in detail known in detail requiring the treatment of about 6 weeks.

Summary of Evidence

1. Defendant's legal statement;

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

1. A written statement of each traffic accident-related person;

1. Application of Acts and subordinate statutes to each medical certificate and opinion;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Decision on the recommended area] Basic Field [Scope of Recommendation] from April to October [Decision on the Sentence], and the degree of injury is heavy, and the victim's family members want to take into account the fact that the victim's family members want a strict punishment.

Provided, That the execution of punishment shall be suspended in consideration of the fact that a comprehensive insurance is subscribed and a certain amount of money is deposited, and there is no record of criminal punishment, etc., but the community service order for a considerable period of time is added, taking into account that it is not agreed, and the punishment shall be determined as ordered

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