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(영문) 울산지방법원 2013.07.18 2013고단1776
교통사고처리특례법위반등
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

At around 18:40 on March 2, 2013, the Defendant, who is engaged in the operation of a horse, was driving on the side of the New Cancer at the Sluri-gun of Ulsan, Ulsan, with the direction of the New Cancer.

Since a center line is installed, a person engaged in driving duty has a duty of care to live well before and after the center line and to safely drive the vehicle and prevent the accident in advance.

Nevertheless, the defendant had shocked the Da-Mah-mah, which is driven by the victim C(the age of 47) who is driven in opposite part by the negligence of the central line.

Ultimately, the Defendant suffered injury to the victim, such as cutting the pelle to the right, which requires medical treatment for about 12 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A survey report on actual condition of the police (including field photographs);

1. Opinions and medical certificates;

1. Application of the written estimate statutes;

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. Sentencing of Article 62-2(1) of the Criminal Act requires a sentence of imprisonment without prison labor, considering the sentencing guidelines, etc. for traffic crimes, since the degree of injury suffered by a victim is serious.

However, the defendant was driving a light flag at a speed, and the victim tried to overtake the light on the right side of the front side vehicle.

In order to suspend the execution of punishment in consideration of the fact that the defendant's progress has been expanding damage due to lack of the main state of the defendant's progress, the defendant has agreed to compensate for damage to the victim and has no previous record of the same kind, etc.,

Public Prosecution Rejection Parts

1. The summary of the facts charged is that the Defendant, at around 18:40 on March 2, 2013, driven a horse and is in the Sulsan-gun Sulsan Pulsan-si.

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