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(영문) 울산지방법원 2020.05.01 2020고단646
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a rocketing car.

On February 4, 2020, the Defendant driven the above car at around 01:20, and got the front of the 104 Samsan-ro, Nam-gu, Ulsan-gu, Seoul-do, to drive the above car along two-lanes from the area of CBA clubs to D.

At the time, it is night and there is an intersection where signal lights and crosswalks are installed. In such cases, the driver of the motor vehicle has a duty of care to prevent accidents in advance by accurately operating the operation and steering gear by complying with the signal for the person engaged in driving the motor vehicle, and by properly checking whether there is a pedestrian crossing the crosswalk.

Nevertheless, the defendant neglected this and caused the victim E (the age of 62) who is a pedestrian crossing crossing from the left side of the direction of the defendant's course to the right side of the crosswalk in accordance with the Marin New, due to the negligence that the defendant entered the crosswalk in violation of the signal to make a U-turn.

As a result, the Defendant suffered injury, such as a ductal body felling, etc., accompanied by a ducts that require rent for about 8 weeks, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents;

1. A traffic accident report (1) (1)

1. E statements;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as "ordinary circumstances favorable to the defendant among the reasons for sentencing");

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Class 1] and the injury [Special Aggravation] caused by traffic accident: In cases of the aggravation of punishment, the illegality in the proviso to Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious, or in cases of climatic driving, the recommended range and the recommendation range.

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