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(영문) 울산지방법원 2014.10.30 2014고단2637
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

The Defendant is a person who is engaged in driving CCA110V 108CC.

At around 20:50 on March 25, 2014, the Defendant driven the above Oba, and driven the e-mail front of the E-mail located in Ulsan-gu D along a three-lane distance from the front side of the GTU mountainous district located in the Nam-gu, Ulsan-gu.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the Defendant neglected to do so and did not neglect that the vehicle progress signal is changed to the stop signal, and was negligent in proceeding as it is, using the crosswalk pursuant to the pedestrian signals, and received the part of the victim F (the age of 65) from the right side of the road to the left side by using the crosswalk pursuant to the pedestrian signals.

As a result, the Defendant suffered injury, such as blood transfusion, etc., from the victim due to the above occupational negligence for about 20 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

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

1. Medical certificates, medical fees, and medical statements;

1. Application of Acts and subordinate statutes on the report of internal accidents;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment concerning Criminal Facts, Article 268 of the Criminal Act, and imprisonment without prison labor;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on the part of the Defendant is that the Defendant, while driving the off-to-land, who did not stop at the crosswalk and did not inflict a serious injury upon the victim who is in need of approximately 20 weeks of treatment by cutting the crosswalk in accordance with the pedestrian signals. The responsibility for the crime is not easy.

However, the defendant recognizes the crime.

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