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(영문) 울산지방법원 2020.01.16 2019고단3623
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On July 25, 2019, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act at the Ulsan District Court on July 25, 2019 and the said judgment became final and conclusive on August 2, 2019.

【Criminal Facts】

The defendant is a person who is engaged in driving a B-ro car.

On August 23, 2019, the Defendant driven the said car without a driver's license on August 23, 2019, driving the said car, driving the six-lane road in front of Ulsan-gu C from the direction of the Uniformsan Public Security Center, changing the course from four-lanes to three-lanes.

At that time, the victim D(n, 45 years old) is driving in three lanes in the same direction, and thus, the driver of the vehicle has a duty of care to take measures to prevent accidents in advance by driving the direction, direction, etc. without any interference with the passage of other automobiles.

Nevertheless, the Defendant neglected this and changed the lane by negligence, and received the front part of the said rocketing car from the Defendant to the left side of the car driving by the Defendant.

As a result, the Defendant suffered injury to the victim, such as brain salvins, which requires medical treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes of a letter of request for investigation cooperation;

1. Article 3 (1), the proviso to Article 3 (2) 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 facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is the order to provide community service and attend lectures.

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