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(영문) 울산지방법원 2018.10.23 2018고단2380
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for five 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 of a motor vehicle B at low price.

On July 17, 2018, the Defendant driven the above car at around 21:20, and made the left turn to the left from the shooting distance of the art center located in the south-gu, Ulsan-gu, Ulsan-gu., the Defendant left the left at the shooting distance of the south-gu.

Since there was an intersection where a signal apparatus is installed, there was a duty to safely proceed to a person engaged in driving of a motor vehicle according to the signals of the signal apparatus and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and neglected to enter the intersection and proceed in violation of the signal, and received the full part of the victim C(21 Do) driving, which was directly engaged in under the straight line from the south-gu Cheong-gu Cheong-gu Cheong-gu si, Nam-gu si, Nam-si, the front part of the victim C(21 Do) with the said car.

As a result, the Defendant suffered from the above occupational negligence the injury of the victim, such as light elel of the executive members in need of approximately 16 weeks medical treatment, and open el of the left-hand side.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident, on-site map, actual yellow survey report, photographs of the scene of the accident, and signal cycle chart;

1. A medical certificate;

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 choice 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 Act of the Order to Attend Education [Type Decision] - Class 1 (Bodily Injury resulting from Traffic Accidents) [Special Sentencing] - [Determination in the sphere of recommendation] mitigation area [Scope of recommendation] mitigation area] / January - August / [Scope of recommendation] - Where serious injury, other than bodily injury, occurs among aggravated factors (one type) - Cases falling under the proviso of Article 3(2) of the Order to Attend Education (whether probation is suspended] - Major reasons for special traffic accident: positive non-taxation - general circumstances: general circumstances.

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