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(영문) 울산지방법원 2020.05.22 2020고단389
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 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 the operation of B rocketing taxi.

On November 1, 2019, the Defendant had two-laned roads in front of Ulsan-gu C, Ulsan-do around 16:49, a two-laned two-laned roads in East-gu, Ulsan-do.

The driver of a crosswalk without a signal apparatus has a duty of care to temporarily stop and safely pass along the crosswalk.

Nevertheless, the defendant neglected this and got the victim E (the age of 48) who walked on the right side of the crosswalk from the left side of the proceeding due to the occupational negligence that proceeded as is, the defendant got the victim E (the age of 48) to go beyond the road.

The Defendant suffered injury to the victim, such as the right slotle, which requires treatment for about six weeks, due to the foregoing traffic accident.

Summary of Evidence

1. Defendant's legal statement;

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

1. E's statement of traffic accident-related person;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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

2. The range of recommendation [decision of types] according to the sentencing guidelines for traffic accidents: [Type 1] There is no person causing a traffic accident [the scope of recommendation and recommendation]. [The scope of recommendation field and recommendation] The basic area, from April to one year [the general person] of imprisonment without prison labor] - The mitigated element: Case falling under the proviso to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (the grounds for suspension of execution] - there is no criminal conviction for a period of suspension of execution, accompanied by excessive difficulty to his/her family members, the defendant's detention entails excessive difficulty to his/her family members, the general grounds for suspension of execution other:

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