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(영문) 울산지방법원 2019.01.11 2018고단3056
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 Bchip car.

On August 29, 2018, the Defendant driven the above car on the 08:35th day of August, 2018, and proceeded to the intersection of the insolvency history distance from the 2,000s to the c apartment distance of about 20km.

In this case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded as it was due to negligence, disregarding that the vehicle driving signal is changed to a stop signal, and received the front part of the victim D(50 years old) driving in the direction that the Defendant is driving from the left side of the direction that the Defendant is driving by the victim D(50 years old) to the right side.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting down a fluoral aggregate on the left-hand side, which requires treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (as to the signal cycle):

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of each accident site;

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

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is a traffic accident where the defendant, by negligence in operating a vehicle in violation of the intersection signal during the week, caused the victim's erroneous soil contamination leading to the normal operation of the vehicle pursuant to the new subparagraph, and the contents and degree of the defendant's occupational negligence.

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