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(영문) 울산지방법원 2019.08.30 2019고단1448
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 Patom car.

On February 16, 2019, the Defendant driven the said car on February 7, 2019, and led the Defendant to make a right-hand back to the outflow of the mountain basin from the Young River basin in the front of D located in Yangsan City City C.

In this case, the driver of the vehicle had a duty of care to safely drive the crosswalk after checking whether the driver of the vehicle has a pedestrian who gets on the front door and the right and the right of the road.

Nevertheless, the Defendant neglected this and got the victim E (the 70-year old age) who was crossing the crosswalk from the right side of the Defendant’s vehicle to the left side in the direction of the Defendant’s vehicle’s operation, and got the victim into the front part of the Defendant’s vehicle, thereby causing the victim to suffer injury, such as the alley of the alley in need of medical treatment for about 10 weeks.

Summary of Evidence

1. Defendant's legal statement;

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

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is due to the following: (a) the Defendant, while driving his/her own vehicle and driving his/her vehicle at the intersection and driving it at the intersection, caused a traffic accident that shocks the victim who has dried the crosswalk in the front section by occupational negligence, which neglected his/her duty to protect pedestrians in the front section and the crosswalk; and (b) the nature and degree of the crime is not good in light of the content and degree of the occupational negligence, the circumstances at the time of the occurrence of the traffic accident, etc.; and (c) the part and degree of the injury

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