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(영문) 울산지방법원 2019.10.25 2019고단1809
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

The Defendant is a person who is engaged in driving vehicles B.

On April 5, 2019, at around 22:11, the Defendant driven the string vehicle, and driven the 3-lane 257, south-gu, Ulsan-gu, Ulsan-ro, and proceeded at about 30 kilometers in speed from the right side of the night distance to the Cr.m., and her course towards the right side of the night distance.

At the time, since it is a night and a road where a center line is installed, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by using the right side lane of the central line while accurately operating the brake and steering gear.

Nevertheless, the Defendant neglected this and received the front part of the victim D(30 years old) E-to-land driving in the direction of the sound distance from the direction of the sound distance from the direction of the crack line by the negligence of driving the central line, as above, as above, while driving the crack line, in front of the left side of the cracking vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the open frame of the right side of the Walter satum satum, which requires approximately 12 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to the actual survey report and diagnosis report;

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

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

1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The basic area of recommendations according to the sentencing guidelines [the range of recommendations and recommendations] is that there is no person causing a traffic accident [the category 1], the person causing a traffic accident [the person specially punished] [the scope of recommendations and recommendations].

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