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(영문) 울산지방법원 2017.04.25 2017고단348
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving of the BM5 vehicle volume.

1. Around 06:55 on December 4, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the said car, and proceeding to the intersection of the miscarriage distance of about 43 to the 43 weeks at the Busan Urban Area Corporation from the Busan Urban Area to the left-hand turn. Notwithstanding the fact that the front-hand signal is a straight-down signal, the Defendant made a left-hand turn in violation of paragraph 2, and driven the vehicle to the left-hand condition like paragraph 2. On the other hand, the Defendant suffered from the front part of the said car by receiving the victim C (62 years of age) who was under direct control pursuant to the new subparagraph from the front part of the said car and caused the said C to take the front part of the said car, which requires approximately 12 weeks medical treatment, and caused the victim E and the victim of the said high-speed vehicle (57 years of age and 57 years of age) to the front part of the said car, respectively.

2. Although the Defendant violated the Road Traffic Act (unlicensed Driving) was in the state of suspension of the driver’s license from October 1, 2016 to January 8, 2017, the Defendant driven the said BM5 car from the street above the 47-1st century to the intersection of the above miscarriage distance from the above BM5 car from the street above to the intersection of the above BM5 car at the speed of 10km.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Fact-finding survey reports, photographs at the scene of accidents, registers of driver's licenses for motor vehicles, and inquiries about administrative dispositions taken by the main office;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The point of injury resulting from occupational negligence in each of the relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents: Article 3 (1), the proviso to Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Between the crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents between the Crimes: Punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with heavy circumstances);

1. The punishment of imprisonment without prison labor shall be imposed on the crime violating the Act on Special Cases concerning the Settlement of Traffic Accidents;

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