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(영문) 울산지방법원 2015.02.06 2014고단3875
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On 17:45 on 201. 21. 206. 17:45, the Defendant was driving, directly, at a speed of about 79 km (presumed speed of analysis by the Road Traffic Authority) at a speed of about 79 km (presumed speed of analysis by the Road Traffic Authority) depending on one lane, the front distance of the literature and sports park located in the Nam-gu, Ulsan-gu, Ulsan-gu Office Park was in front of the literature and sports park.

At that time, the speed limit is 40 km per hour and the yellow on-and-off signal is a three-distance intersection in which the yellow signal is operated, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to observe the speed limit, to properly consider the right and the right of the motor vehicle, and to prevent the accident in advance

Nevertheless, the Defendant neglected this and proceeded with a limited speed exceeding about 39 km per hour, and received the front part of the victim C(38 years old) driving, which was left right at the road in line with the Defendant’s moving direction, from the front part of the Defendant’s driving.

As a result, the Defendant suffered an injury to the victim, such as the upper left-hand side of the fluorary fluoral fluoral fluoral 20 weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by C related to a traffic accident;

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

1. Response to a request for traffic accident analysis;

1. Investigation report (Confirmation of the victim C's statement);

1. A criminal investigation report (in addition, a medical certificate);

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

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

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

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

1. Sentencing sentencing criteria [Scope of Recommendation] General traffic accident category 1 (Bodily Injury resulting from Traffic Accidents) (one to six months) (Special Mitigation Measures) and no penalty shall be imposed;

2. The Defendant was driving a victim while driving a limited speed exceeding 39 km per hour.

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