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(영문) 울산지방법원 2014.12.18 2014고단2715
교통사고처리특례법위반
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 motor vehicle of D New Zealand XD.

On August 2, 2014, at around 14:20, the Defendant driven the said car and proceeded at a road where the center line was installed in front of the roadside Hospital 106, U.S., Ulsan-gu, U.S., at a speed of about 20km from the surface of the Gi-gu, Gi-gu, Gi-gu to the surface of the street street. On the part of the bicycle driving by the victim E (70 years old) who was living along the central line and left left left at the surface of the street hospital located on the left-hand side of the road due to occupational negligence, the Defendant sustained the victim from the front part of the said car, and caused the victim to suffer from the injury, such as cutting off in the left-hand Wi-gu, Wi-gu, the left-hand part requiring medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and an accident site photograph;

1. A report on investigation, and a report on investigation;

1. Application of the Acts and subordinate statutes of the letter of request for investigation cooperation;

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

1. Article 62 (1) of the Criminal Act;

1. Sentencing Criteria [Scope of Recommendation] for the sentencing of Article 62-2(1) of the Criminal Act: (a) the basic area (including persons who have been specially mitigated) (4 to 10 months) of the Act on the Punishment of Traffic Accidents; (b) where a serious injury has occurred (including efforts to recover damage) / prior to the decision of sentence, the defendant has a record of committing a serious injury by shocking pedestrians on the crosswalk before the decision of sentence was rendered; and (c) the degree of the injury of the victim of this case is heavy, and the defendant has a record of committing a serious injury by shocking pedestrians on the crosswalk.

However, the execution of a sentence shall be suspended in consideration of the fact that the vehicles are covered by the comprehensive motor vehicle insurance, that they have agreed with the victim, that there is no criminal record, and that there is no criminal record other than the fine, but it is recognized that the risk of re-offending is reasonable in light of the circumstances of the crime, criminal records, etc., so a considerable period

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