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(영문) 울산지방법원 2016.01.22 2015고단2884
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B, sod MD motor vehicles.

On September 28, 2015, the Defendant driven the said car at a speed of 0.249% around 0.35, and proceeded with a road in front of the sea patrol box located in the mountain-dong, Ulsan-gu, Ulsan-do along the intersection of the bathing beach prior to the mountain-do, at the intersection of the mountain-do, a speed of about 10 kilometers per hour depending on one lane among the two lanes.

At night and at night, the Do SM5 passenger cars driven by the victim C(28 tax) had a duty of care to prevent accidents in advance by reducing speed and accurately manipulating the steering direction and operating the steering system, because the Do SM5 passenger cars driven by the victim C(28 tax) are driving on the side of the road.

Nevertheless, under the above circumstances, Defendant 1 was negligent and proceeded without being negligent in doing so, and the left part of the said SM5 car was sleeped after the left part of the said SM5 car.

Ultimately, the Defendant caused the victim C’s injury to the base and tension in need of approximately one week’s treatment due to occupational negligence, and caused the victim E (V, 23 years of age) who was accompanied by the said SM5 car to suffer from the injury of fluorous salt, etc. requiring approximately two weeks’ treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. A traffic accident report, report on a traffic accident (1) (2), and photograph;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Punishment of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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