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(영문) 울산지방법원 2018.09.21 2018고단2199
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Criminal facts

The Defendant is a person who is engaged in driving a new character vehicle B.

On March 24, 2018, the Defendant driven the above new character vehicle at around 06:25, and turn to the left at a speed of about 20 km from the direction of the modern vehicle delivery office at the Dodong Village located in Ulsan-gu, Ulsan-do.

Since a crosswalk is installed at the front of the running direction of the said new character vehicle, there was a duty of care to safely turn to the left while examining whether a person engaged in driving of the vehicle is a pedestrian crossing crossing and accurately operating the brake and the steering gear.

Nevertheless, the Defendant neglected this and failed to observe the duty to protect pedestrians crossing the above crosswalk, and thereby failed to observe the duty to protect them, and the Defendant received C (the age 64) the victim C (the age 64) crossing the above crosswalk from the right side in the direction of the proceeding of the above new character vehicle to the left side, in front of the above new character vehicle.

After all, the Defendant suffered injury to the victim, such as an exposure 1, which requires approximately 12 weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of traffic accidents, actual survey reports, photographs related to accidents, replies to requests for analysis of traffic accidents and traffic accident analysis reports;

1. A copy of the medical certificate and a copy of the opinion;

1. Application of the Acts and subordinate statutes for investigation reporting;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture [type of determination] Traffic Accidents No. 1 [Special Sentencing Persons] - [Determination in the sphere of recommendation] mitigation area [the scope of recommendation] mitigation area] mitigation area [the scope of recommendation] January - August 1 [the general sentencing person] - The reflective criminal punishment power against mitigation element.

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