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(영문) 울산지방법원 2014.05.30 2014고단361
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a person who is engaged in driving duties of K5 cars.

On December 1, 2013, at around 06:35, the Defendant driven the above car, and got straight along the two-lanes from the area of the SK EnergyCC factory to the side of the entrance of the valley, the two-lanes of the two-lanes.

At night, the above place is an intersection where signal apparatus is installed. In such cases, the driver of the vehicle had a duty of care to safely drive the front and rear left and prevent the accident by safely driving the signal apparatus according to the signals of the signal apparatus.

Nevertheless, the Defendant neglected this and got the victim C (the South, 70 years old) who was on board a bicycle from the left side of the Defendant’s driving direction to the right side of the intersection by the direct negligence in violation of the stop signal, and received the victim C (the South, 70 years old) from the front part of the Defendant’s driving car.

After all, the Defendant suffered injury to the victim, such as the mouth 5, which requires approximately 12 weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement related to a traffic accident;

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

1. On-site photographs;

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

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

1. Aggravation of a suspended sentence as provided for in Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reduction elements for the first category (the injury of a person causing a traffic accident) of traffic accidents on the basis of the sentencing criteria: Reduction elements for traffic accidents: One month to six months (the sentencing scope of a person making a recommendation) without prison labor for a credit cooperative;

2. He/she shall select a sentence of imprisonment without prison labor in consideration of the fact that an accident in violation of signalling the sentence is serious;

However, the instant vehicle is covered by a comprehensive insurance, and the Defendant has no penalty power.

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