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(영문) 울산지방법원 2017.05.23 2017고단659
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

The defendant is a person who is engaged in the duty of driving B rocketing taxi.

On February 11, 2017, the Defendant was proceeding in the direction of the distance from the right side of the terminal from the right side of the offline of the 133 cross-city bus terminals in the south-gu, Ulsan-gu, Ulsan-do.

Since there is a center line of yellow solid lines, in such cases, the driver has a duty of care to drive safely in accordance with the new code at a place where the internship is allowed.

Nevertheless, the Defendant neglected to perform the above duty of care and was driven by the victim C (IS 31 years of age) who was driven by the injured party C (IS) who was driven in a normal manner beyond the central line at a place where USW GT car is not permitted. The Defendant was in front of the head of the above taxi operation.

As a result, the defendant suffered from the injury of the victim E (the age of 57) who is going in company with the victim C and the above BMW car due to his occupational department and office, for about two weeks of treatment respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Each medical certificate and a statement of automobile inspection and maintenance;

1. Application of Acts and subordinate statutes to investigation reports (verification of black stay images);

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

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Scope of applicable sentences by law: One month to five years; and

2. Reference to the sentencing criteria [Type Decision] In general traffic accidents, the basic area of Class 1 (Determination in the sphere of recommendation] [the scope of recommendation] [the scope of punishment] from April to one year [the person subject to general sentencing] of imprisonment without prison labor] - subscription to the comprehensive vehicle insurance for mitigation factors - In cases falling under the proviso of Article 3(2) of the Act on Special Cases concerning the Aggravation, this type of repeated crime and repeated crime are included.

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