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(영문) 울산지방법원 2018.09.19 2018고단2130
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Obane.

On June 22, 2018, the Defendant driven the above 13:50 on June 22, 2018, and proceeded with the roads in front of the 165 Hero health care branch, the head of Sinsan-si, the head of Sinsan-si, the head of Sinsan-si, the head of Sinsan-si.

Since a crosswalk is installed, in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle by checking whether there is a pedestrian walking the crosswalk.

Nevertheless, by negligence, the Defendant neglected this and proceeded as it is, followed by the negligence of the Defendant’s driving, to the left side of the crosswalk from the right side of the crosswalk. The Defendant 39 years old and the victim D (n, 43 years old).

As a result, the Defendant suffered from each of the above occupational negligence to the victims about six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

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

1. Each written diagnosis of C and D;

1. Application of statutes on site photographs;

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;

1. Scope of the recommended punishment according to the sentencing guidelines [the type of determination] shall be the basic area [the scope of the recommended punishment] of the type 1 (Determination in the sphere of recommendation] [the scope of the recommended punishment] [the scope of the recommended punishment] from April to one year [the person subject to general sentencing] - Reduction factors: Subscription to comprehensive motor vehicle insurance - Aggravation factors: Cases falling under the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of

2. Based on the above sentencing criteria, various sentencing factors, such as the following circumstances and the defendant's age, sex, environment, and motive for crime, are as follows.

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