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(영문) 울산지방법원 2016.05.13 2016고단822
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 February 4, 2016, the Defendant driven B truck around 11:25, and proceeded with the two-lanes of the two-lanes of the D in Ulsan Northern-gu C, Ulsan-gu, in the direction of the filial length.

Since there is an intersection in which signal apparatus is installed on the front side, there was a duty of care to prevent accidents by driving safely according to the signals instructed by signal apparatus to a person engaged in driving duty.

Nevertheless, the Defendant neglected this and received the front part of the FF Truck in the victim E (27 tax) driving by the cross-section from the right side of the vehicle when it was due to the negligence of proceeding, even though the vehicle driving signal was stopped, the front part of the FF Truck in the direction of the Defendant’s vehicle.

Defendant 2 caused injury to the victim, such as the impairment of saves of saves, saves of saves, and saves of saves.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A medical certificate;

1. Application of statutes on field photographs;

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

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

1. The types of recommendations for sentencing guidelines: The area where the victim does not want to be punished by the defendant (the area where mitigation is to be applied): One month to six months (the area where mitigation is to be applied) of the general traffic accident (the area where the victim does not want to be punished by the defendant): The mitigated element: Where it falls under the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (fence violation): The recommendation for suspension of execution where it falls under the case of the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (fence violation): No major reason for positive consideration - The victim does not want to be punished by the defendant, and there is no record of criminal punishment - The other reason is Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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