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(영문) 울산지방법원 2015.09.17 2015고단1387
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 engaging in driving a car B.

At around 20:15 on May 8, 2015, the Defendant proceeded ahead of the prosperity road, which is located in the Ulsan-gu Maok-dong, Ulsan-gu, Incheon-do, at the speed of 76.8km/h from the academic dong to the distance of postal administration.

However, since there is a road with a restricted speed of 50km/h, there was a duty of care to prevent accidents by accurately manipulating the steering direction, brakes, etc. of the vehicle and driving it safely according to the regulatory speed.

Nevertheless, the Defendant shocked the right body part of the victim C(the age of 38) who was crossing the road by negligence due to the operation of the road over the speed of 26.8km/h above the speed limit.

As a result, the Defendant suffered injury to the victim, such as light flasium and flasium puling, which require treatment for about five months, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C;

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

1. An investigation report (Calculation of the speed of using skiing marks);

1. Photographs of the front-dong photograph, on-site photograph, and CCTV image images of the front-dong photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommending punishment] is that there is considerable negligence on the occurrence of traffic accidents or the expansion of damage to the victim in the area of mitigation (one to six months) of types 1 of general traffic accidents (the special mitigation) (the determination of sentence] (the determination of sentence), and that the instant accident occurred due to a speed violation, and that the degree of injury to the victim is relatively heavy is disadvantageous to the defendant.

However, the fact that the defendant is against the victim, that the defendant agrees with the victim, that there is no history of criminal punishment.

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