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(영문) 울산지방법원 2020.04.24 2019고단1803
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 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 a B-Wood vehicle.

At around 18:51 on January 7, 2018, the Defendant driven the E-learning motor vehicle above, and driven the two-lane road near Ulsan-gun, Ulsan-si, Ulsan-si, the speed of which is 70km a speed of 70km a hour, from Busan-do to the speed of about 119km a speed of about 119km a speed from Busan-si. On the part of the victim D (W, 26 years old) who moved the speed of the restriction from the two-lane to the one-lane in the e-learning line at the time of the speed of 49km a speed of speed, without properly putting the front side and the left side of the road from Busan-si to the speed of 119km a speed of speed a speed of 10km a speed of speed a speed of 18:50,000. The Defendant got the victim D (W, 26 years old) to drive the part of the E-learning motor vehicle in front of Busan-do to the front part of the victim.

In conclusion, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as external flasium flasium in which approximately 10 weeks of medical treatment is open to the victim D, the injury to the victim F, such as brain flasium in which there are no two internal organs that require medical treatment for about 3 weeks of medical treatment, and the injury to the victim H (V, 44 years of age) who was aboard the said flasium in need of medical treatment for about 10 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Application of Acts and subordinate statutes to traffic accident reports, accident site photographs, and medical certificates;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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

2. The sentencing criteria shall be based on; and

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