logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.06.15 2017고단1154
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act is a person engaged in driving a BNF rocketing car.

On April 5, 2017, the Defendant driven the above car at around 00:03, and moved from the right side of the end of the month at the intersection located at No. 81-3, Ulsan-ro, Ulsan-ro, Ulsan-ro.

At the time, since it is at night, a person engaged in driving service is at night, and it is possible to see whether there is a vehicle or pedestrian who is proceeding at the right after the rear, and there is a duty of care to acquire and drive a driver's license.

Nevertheless, the Defendant neglected to perform the above duty of care and was driven by the victim C who stops after the said rocketing car without obtaining a driver’s license, and was driven by the victim C.

As a result, the Defendant caused by occupational negligence to the victim C and the victim E who was on board the said rocketing car, each of which requires two weeks medical treatment, and damaged the victim C's rocketing car to repair KRW 907,696.

2. On April 5, 2017, the Defendant was driving a B rocketing car without obtaining a driver’s license from around 30 meters from the 00:0 on April 5, 2017 to the place indicated in the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement in C and E;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Application of each written diagnosis and written estimate of general repair costs to the Acts and subordinate statutes;

1. Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts; Article 268 of the Criminal Act; Articles 151, 152 subparag. 1, and 43 of the Road Traffic Act;

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

1. Selection of penalty;

arrow