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(영문) 울산지방법원 2015.11.05 2015고단1951
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On April 19, 2015, the Defendant driven the above cargo vehicle around 07:30, and proceeded at approximately 60 km in speed, depending on the two lanes of the two lanes between the two lanes, which are located under the Scong-ri in the Scong-ri in Yangsan-si in Yangsan-si.

At the time, the driver of the motor vehicle was at the right right, and the driver of the motor vehicle was at the time, so there was a duty of care to reduce the speed of the motor vehicle and to ensure safety distance to avoid accidents when the obstacle occurs on the front side by well-seeing the front side and to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and found the Estamper car driven by the victim D(28 years old) due to the accident on the front side of the road due to the negligence on the part of the Defendant’s failure to stop, and immediately operated the Estamper car, but did not avoid it, and received the part of the front part of the said cargo vehicle.

As a result, the Defendant caused the victim to suffer injury, such as satisfeing the bones 12 No. 12, which requires medical treatment for about three months due to such occupational negligence.

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. Investigation report (verification, etc. of the injury of a victim), investigation report (to listen to a statement by a doctor who prepares a medical certificate);

1. A medical certificate;

1. Application of the Acts and subordinate statutes on film and video materials;

1. In a case where there is a substantial negligence on the occurrence of a traffic accident or the expansion of damage to a victim of a traffic accident in the area of mitigation (one to six months) (special mitigation) in the area of reduction (one to one month) of punishment (the special mitigation) for the relevant criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 1 of the Criminal Act, the reason for sentencing of imprisonment without prison labor [the scope of recommending punishment] (the decision of sentence], and there is no effort

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