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(영문) 울산지방법원 2016.10.14 2016고단960
교통사고처리특례법위반
Text

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

Provided, That the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 20, 2016, the Defendant driven FOtoba, and driven FOba on January 15:33, 2016, proceeded with the two-lane roads in front of G along the defensive cycle in Ulsan-dong, Ulsan-gu, Ulsan-do, with two-lanes, from the defensive three-lane long distance protection.

At this point, the speed limit is 60 KKm per hour and the crosswalk was installed on the front side, but the vehicle's moving signal was fluorized with yellow light signal, etc., and the defendant's off and front side of the river was driving by H.

Therefore, the defendant, who drives the Otobane, has a duty of care to check yellow light signals while observing the speed limit and stop on the stop line.

그럼에도 피고인은 황색등화 신호가 들어와 있음에도 속도를 줄이지 않고 시속 약 87km 의 속도로 과속한 업무상의 과실로, 우회전하려는 I 택시를 피고인의 오토바이 앞부분으로 충격하고 앞으로 튕겨나가면서 횡단보도 앞에서 보행자 신호를 기다리고 있던 피해자 J(여, 61세)을 오토바이로 충격하였다.

Ultimately, due to the above occupational negligence of the defendant, the victim suffered injuries, such as the pelle of both sides, etc., which should be treated for about 12 weeks, and the influent injury of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness H;

1. A comprehensive traffic accident analysis report and a traffic accident analysis report;

1. Each medical certificate and each statement of opinion;

1. Application of the Acts and subordinate statutes governing traffic accident-related photographs, black boxes, video CDs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and (2) 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The sentencing guidelines shall be recommended [the types of decisions on types] traffic accidents in general, and the factors to mitigate types 1 (the causing of a traffic accident) (the person who has been specially punished): The aggravated factors of punishment (including serious efforts to recover damage): serious injury;

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