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(영문) 울산지방법원 2013.08.05 2013고단2102
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving a car.

On April 5, 2013, the Defendant driven the said car at around 08:05, and led to turn to the left at about 30 km from the direction of the library located in the Si library located in the village of Yangsan-si at the time of Yangsan-si.

Since a crosswalk is installed, in such cases, there was a duty of care to confirm whether a person engaged in driving service is a person who saves the way to reduce speed and to check the right and the right and the right of the road well and to drive safely.

Nevertheless, the Defendant neglected this and caused the injury of the victim C (the 84-year old-age), who was towing the fingers by his occupational negligence and dried the crosswalk, by taking the left shoulders and the legs of the victim C (the 84-year-old) as the front gate of the Defendant’s vehicle, and caused the victim to suffer the injury of the victim, such as the structural pels of the upper part of the upper upper part of the upper part of the body that needs to be treated for about six months.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. The actual condition survey report;

1. Medical certificates and general medical certificates;

1. Application of statutes on field photographs;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act does not apply to cases where a public prosecution is not granted pursuant to the proviso to Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents. 1. Suspension of execution (see, e.g., the agreement submitted as of July 30, 2013 and the written agreement submitted as of August 2, 2013 as of August 2, 2013, where the agreement between the defendant and the victim was reached, and the written agreement submitted as of August 2, 2013.)

1. The above facts constituting the crime of sentencing under Article 62-2 of the Criminal Act are crimes falling under the category 1 of general traffic accident according to the sentencing guidelines, and it does not seem to have an aggravated element, and there is "unguilty for punishment" as mitigation element, so this case is within the scope of the sentence scope of mitigation area.

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