logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.09.26 2017고단1591
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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

On March 16, 2017, the Defendant, around 13:05 on March 16, 2017, 200:3:05, at two new distances from Ulsan-gun, Ulsan-gun, to two new distances, from both sides, was driven by D New D New D D D D's truck freight to turn to the left.

At this point, since the signal apparatus is installed, the driver of the vehicle has a duty of care to proceed in accordance with the course of the vehicle operation. However, the defendant neglected this duty and caused the victim E (70) who crosses the road to the two sides from the two sides of the road to go beyond the road on the top of the right edge of the vehicle driving.

Defendant 1 caused the victim to suffer injury, such as blood transfusion, which requires treatment for about six months due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on actual condition survey, on-site photographs, signal cycle signs, and victim's photograph;

1. Application of Acts and subordinate statutes to medical certificates and medical statements;

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 of Decision] - Class 1 (Bodily Injury resulting from Traffic Accidents) [Special Sentencing] - In the event of injury among the increased factors - (one type) / [Determination in the sphere of recommendation] / [Scope of recommendation] 4 months to 1 year / [general sentencing person] - No one who has committed serious anti-criminal punishment against motor vehicle comprehensive insurance for mitigated factors - Cases falling under the proviso of Article 3(2) of the Act on the Aggravated Punishment (whether suspended execution is suspended] - Where a significant cause for serious injury occurs - There are no positive criminal records of non-permanent punishment - there are no general grounds for general consideration: The proviso to Article 3(2) of the Act on the Aggravated Punishment of Other Specific Crimes.

arrow