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(영문) 울산지방법원 2019.06.13 2019고단1126
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving vehicles B.

On January 7, 2019, the Defendant driven the above vehicle at around 06:24, and made the front road of Ulsan-gun C to turn to the left from the back of the D plant to the Eth page.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to make a left-hand turn after checking the right-hand left-hand turn by properly examining the right-hand turn.

Nevertheless, the defendant neglected this and caused the victim F (55 years old) who crosses the road to the right side from the left side of the driving direction of the vehicle to go beyond the front part of the above vehicle.

As a result, the Defendant suffered from the victim’s negligence such as blood transfusion, internal surgery, and cerebral ties, which require approximately 16 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to opinions and medical certificates;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are primary offenders with no criminal records, and the crime is divided after the crime is committed and agreement is reached smoothly with the injured party. While the degree of injury in this case is one of the degree of injury in this case, the injured party's negligence is also involved in the occurrence of traffic accident, and other conditions of sentencing as indicated in the records such as the defendant's age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, etc. shall be comprehensively considered to determine the punishment as ordered

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