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(영문) 울산지방법원 2019.09.19 2019고단1973
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 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 a B-learning car.

On April 12, 2019, the Defendant driving the said car at around 10:30, and driving the said car at around 10:30, and driving the front road of the “D” in the Yangsan City City, along the two-lanes of the two-lanes of the two-lanes of the two-lanes.

Since the location has a signal apparatus and crosswalk installed on the front door, in such a case, there was a duty of care to safely drive the road according to the traffic signal and prevent the accident, on the other hand, to confirm whether a person engaged in driving the motor vehicle has a duty of care to reduce the speed of the person engaged in driving the motor vehicle and to see well the front door.

The Defendant neglected this, due to the negligence of proceeding the vehicle stop signal as it is, the Defendant got off the body part of the victim E (the 52 years old and 67 years old) and the victim F (the 67 years old and 67 years old) crossing the crosswalk from the right side of the Defendant’s vehicle to the left side.

The Defendant suffered injury to the victim E, such as cutting the framework of the left-hand body part requiring approximately seven weeks of medical treatment due to occupational negligence as above, and injury to the victim F, such as cutting the franchis, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each written diagnosis;

1. Application of the photographic Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act, the choice of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing Criteria [Scope of Recommendation] Type 1 (Bodily Injury from Traffic Accidents): A person who is not subject to punishment in the area of mitigation (one month to eight months) (special mitigation).

2. The order is based on the above sentencing criteria, taking into account the following circumstances and various sentencing factors, including the defendant’s age, character and conduct, environment, and motive of crime:

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