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(영문) 울산지방법원 2019.07.18 2019고단1021
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-to-car.

On February 21, 2019, the Defendant driven the above vehicle around 20:20, and proceeded at a speed of about 85 km from the two parallels to the two parallels of the D cafeteria located in Ulsan-gun, Ulsan-gun, at the speed of about 85 km from the two parallels of the two parallels.

At night, there was a duty of care to prevent accidents by complying with the speed limit and operating the steering gear and brake system accurately, since the speed limit is 50 km at a location with a three-distance intersection, there was a duty of care to prevent accidents.

Nevertheless, the Defendant neglected this and neglected to set a speed of more than 30 km per hour, and instead did not see the front side, the Victim E (W, 75 years old) who dried the road on the right side from the left side of the running direction of the Defendant, which was the right side of the Defendant’s driving.

Ultimately, the Defendant suffered injury, such as pressure duplicating 4 times in the need of approximately 12 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to the actual survey report and diagnosis report;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are as follows: (a) recognizing the facts charged; (b) having agreed with the victim; (c) having the victim’s negligence in the occurrence of an accident; and (d) the primary offender is favorable to the defendant; and (c) having a heavy negligence

In addition, the punishment shall be determined as ordered by taking into account various factors of sentencing, such as the defendant's age, environment, and background of crime.

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