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(영문) 울산지방법원 2014.07.01 2014고단1311
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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

The defendant is a person who is engaged in driving a vehicle B at low price.

On April 7, 2014, the Defendant driven the above car at around 09:40 on April 7, 2014, and driven the road in front of the Yangsan Undong-dong in Yangsan-si, Yangsan-si, with one lane, to a speed of about 50 km from the Busan Sea to the front side of the dam.

Since there are crosswalks where signal lights are installed on the front door, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right of the front door and to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected this and received the front part of the Defendant’s driver’s car, where the Defendant was the victim C(57 years old) driving bicycle crossing a bicycle or crosswalk in accordance with the pedestrian signals by negligence, while the Defendant neglected to stop the vehicle driving signal.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting down the body of the uppermost body in need of medical treatment for about 12 weeks, and pressure pressure to chills.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of a traffic accident;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, 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 [the scope of recommending punishment] Article 62-2 of the Criminal Act of the Order to Attend a general traffic accident [the scope of recommending punishment] Article 1-type (1-6 months) [Special Mitigation] and Article 62-2 (1) of the Punishment not to punish a person [the sentence] [the defendant] by driving a vehicle in violation of the signal, received a victim who has a bicycle or a crosswalk on a bicycle in accordance with the pedestrian signals, and thereby suffered an injury that requires about 12 weeks medical treatment to the victim. The degree of injury to the victim is not somewhat weak.

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