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(영문) 울산지방법원 2016.09.08 2016고단2342
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 19, 2016, at around 20:10 on May 20, 2016, the Defendant driven a C LV vehicle without a car driver's license and proceeded ahead of the national bank on the defensive cycle road in Ulsan-dong, Ulsan-gu, the front side of the national bank from the view of the mountain bathing beach.

Since there is a crosswalk installed, in such cases, there was a duty of care to safely drive the crosswalk by checking whether there is a pedestrian walking the crosswalk.

Nevertheless, the Defendant neglected to do so and proceeded along the front side of the said vehicle, thereby being a victim D(57 years old) who crosses the crosswalk to the right side of the said vehicle.

As a result, the Defendant suffered approximately eight weeks of medical treatment due to the above occupational negligence on the left side of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Reports on the occurrence of traffic accidents and reports on traffic accidents;

1. Each photograph;

1. The driver's license ledger and the driver's license ledger;

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

1. Article 3 (1), the proviso to Article 3 (2) 6 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2) and 50 of the Criminal Act (within the scope of the sum of the long-term amounts of two crimes);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accident (Bodily Injury resulting from Traffic Accidents) - In cases where the basic area (Special Convicted Person) of category 1 (Bodily Injury resulting from Traffic Accidents) - Reduction element: In cases where illegality in Article 3(2) proviso (excluding subparagraph 8) of the School Special Act is serious [Determination of sentence] in cases where the defendant drives a motor vehicle without a driver's license.

A pedestrian crossing is shocked to the victim, and the degree of injury suffered by the victim is not that of the victim.

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