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(영문) 울산지방법원 2018.05.17 2018고단112
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Category C Ⅱ Cargo Vehicles.

On December 25, 2017, the Defendant driven the above vehicle at around 07:30 on December 25, 2017, and led to the intersection in front of the E in Yangsan City D to the direction of the Busan City at the Yangsan City.

On the other hand, since there is a crosswalk where signal lights are installed at the front door, it is confirmed whether a person engaged in driving a motor vehicle has a duty of care to reduce the speed and to check well the front door, and to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, the Defendant neglected this and caused the injury to the victim by the occupational negligence while continuing the vehicle stop on the front side of the Defendant’s vehicle at the crosswalk of the front side of the Defendant’s vehicle, in accordance with pedestrian signals, on the left side of the victim F (n.e., 46 years old) who is crossing the crosswalk from the right side of the vehicle to the left side of the crosswalk in accordance with the pedestrian signals. As a result, the victim suffered an injury, such as the cutting off of the left body body of the victim who is in need of approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. An accident scene photograph;

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

1. Taking into account the following circumstances: (a) the weighting area (8 months to 2 years), the weighting area (excluding the special aggravated person) of Article 3(2) proviso (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act on Special Cases concerning the Settlement of Traffic Accidents; (b) Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents; (c) Article 268 of the Criminal Act; (d) Article 1 of the Act on Special Cases concerning the Punishment of Traffic Accidents; and (e) Article 3(2) proviso (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts; or (e) Article 3(2) proviso (excluding cases falling under more than two provisos) of the Act on Special Cases concerning the Settlement of Traffic Accidents; (b) the degree of negligence and the degree of injury are not covered by a comprehensive insurance;

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