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(영문) 울산지방법원 2018.07.20 2018고단1076
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 Csch Rexton car.

On March 2, 2018, the Defendant driven the above car on March 17:35, 2018, and proceeded to turn to the left at the front of the E-distance in Ulsan-gu D, Ulsan-gu from the middle school at the middle school of the day on the right side of the e-mail.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a road by reducing the speed and by properly examining the front side and the right and the right of the motor vehicle, and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected to do so and found the Victim F, who was going to the port from the right side of the above crosswalk by his negligence, late to find out the victim F, who was going to the right side of the above crosswalk, and received the victim’s left side part of the motor vehicle on the left side of the motor vehicle by the Defendant’s driving, and followed the victim’s bridge.

As a result, the Defendant suffered injury, such as cutting the upper body of the body in need of approximately 12 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

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

1. Each investigation report (the sequence 11, 13 of the evidence list);

1. A medical certificate;

1. Application of Acts and subordinate statutes of each photograph (the list Nos. 3, 5, 12)

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., “reasons for sentencing” as follows)

1. The crime of this case on the ground of sentencing in Article 62-2 of the Criminal Act refers to the victim who was walking along a crosswalk due to negligence in violation of the duty to protect pedestrians at the crosswalk while driving the vehicle and neglecting the right-hand turn to the right at the intersection.

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