logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.11.10 2016고단3229
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

On August 29, 2016, the Defendant was driving a B SP car on August 29, 2016, while driving the D Hospital, located in Ulsan-gu C, Ulsan-gu, along one-lane roads, the Defendant was driving the D Hospital with five lanes.

At this point, there is a place where the center line of yellow solid lines is installed, and the vehicle is in progress in the opposite lane, so a person engaged in driving motor vehicles has a duty of care to observe the central line and to prevent the shock between the vehicle in the opposite lane and the vehicle in the opposite lane by viewing the traffic situation of the opposite lane.

Nevertheless, the Defendant, without considering the traffic situation of the opposite vehicle, was injured by the victim E (hereinafter, 46 years of age) who was driving the opposite vehicle due to the occupational negligence near the median line, due to the collision of the traffic situation of the opposite vehicle, due to the shock of the front panion of the FF-learning vehicle driven by the victim E (hereinafter, 46 years of age), resulting in the victim’s injury, such as the alley at the bottom of the necessary frame, which requires approximately seven weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

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

1. Each photograph;

1. Registers of driver's licenses, chassiss, mandatory insurance inquiries, and insurance purchaser certificates;

1. A medical certificate;

1. Each investigation report and the application of the Acts and subordinate statutes to report the results of investigation;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 1 [Special Mitigations] [Special Mitigations] [including efforts to recover from damage], and the extent of injury suffered by a victim caused by negligence which a defendant gets involved in driving in the central line. However, although the degree of injury suffered by a victim is not weak by agreement with the victim, the victim does not want the punishment of the defendant and the defendant has the same power in addition to the fine imposed by the defendant once.

arrow