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(영문) 울산지방법원 2020.06.12 2019고단4760
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving vehicles B.

On July 30, 2019, the Defendant driven the above vehicle on July 19, 2019, and proceeded ahead of the Dmaart C in Ulsan-gu, Ulsan-gu, with the view to the grhetorical escape from the public announcement distance protection area.

Since a crosswalk is installed, in such a case, the driver of the motor vehicle had a duty of care to check whether the person engaged in driving the motor vehicle well sees the front and rear left and to build the crosswalk, and to safely drive the crosswalk.

On the other hand, the Defendant was negligent in neglecting this and proceeding as it is, and the Defendant was able to cut off the crosswalks to the front side of the Defendant’s driving vehicle.

As a result, the Defendant suffered from the above occupational negligence that requires approximately 12 weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, field photographs, and diagnostic certificates;

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 concerning Criminal Facts, and Article 268 of the Criminal Act;

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

1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person concerned] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, and January through August of the credit cooperative;

3. Determination of sentence is disadvantageous to the fact that the defendant suffered serious injury by shocking the victim who has dried the crosswalk, or that the defendant led to the crime of this case, and that the victim does not have the punishment of the defendant by mutual consent with the victim, and the age, environment, occupation, family relationship, and family relationship of the defendant.

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