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(영문) 울산지방법원 2017.11.20 2017고단3624
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above sentence shall be suspended for a period of 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 a motor vehicle B.

On September 25, 2017, the Defendant driven the said car at around 03:30 on September 25, 2017, and proceeded ahead of the “new Twit-distance” road located in Ulsan-gu, Ulsan-gu, Ulsan-do, as “Songnam-dong.”

There are three-distance crossings in which crosswalks are installed, and the vehicle signal apparatus at the time was in operation such as red-off lights. In such a case, the driver of the vehicle has a duty of care to temporarily stop before entering the intersection according to the direction of the vehicle signal apparatus for the driver of the vehicle, and the driver of the vehicle has a duty of care to safely proceed after checking whether there is a pedestrian.

Nevertheless, the Defendant neglected this and followed the part of each body of the victim C and the victim D, who dried the crosswalk on the right side from the left side of the moving direction at the time, in violation of the signal signal apparatus for the vehicle, and got off the front part of the said vehicle.

Ultimately, the Defendant suffered from the Defendant’s occupational negligence on the part of the victim C with injury, such as “a fluoral salt and tension,” which requires approximately 2 weeks of medical treatment, and injury, such as “a closed fluoral fluoral fluor,” which requires approximately 12 weeks of medical treatment.”

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of the actual survey report, each diagnosis report, and each photographic statute;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the initial crime, the agreement between the victims and the comprehensive insurance coverage) of the Criminal Code, and other circumstances, such as the situation, background of the crime, the degree of reflectivity, and the degree of negligence, etc., as at the time the records and arguments were shown.

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