logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.11.22 2019고단1967
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 service of GTS125.

At around 19:20 on March 20, 2019, the Defendant driven the above off-to-land and driven the two-lane road from the side of the D apartment to the Co-distance, Nam-gu, Ulsan Metropolitan City.

Since there is a road where the center line of yellow solid lines is installed, there was a duty of care to prevent accidents by driving the motor vehicle in advance by driving the motor vehicle with the lane in order to prevent the driver of the motor vehicle from harming the center line.

Nevertheless, the defendant neglected this and got the victim F (38 years of age) who entered the D apartment from the direction of the Simar E market to turn to the left of the D apartment without neglecting it, operated the brake system rapidly in order to avoid a collision with the Omar that the defendant is driving.

As a result, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as cutting down falsium abandonment on the left-hand side, which requires approximately 10 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

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

1. A medical certificate;

1. Application of each statute on photographs;

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

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act refers to a traffic accident that goes beyond the road when the victim's driver, who gets left by cutting the crosswalk in accordance with the victim's signals when the defendant was negligent in driving in the course of his/her center line, with the driver's negligence, caused a traffic accident to avoid a collision with the driver's error of the defendant's driving. Thus, the nature and circumstances of the crime are good.

arrow