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(영문) 수원지방법원 2014.01.08 2013고단2366

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving Cone Star A.S. car.

On December 19, 2012, the Defendant driven the above vans around 19:10 on December 19, 2012, and led to the left-hand turn to the right-hand turn of the intersections in front of the entire elementary school located in 534-1, Sinsan-si, Sinsan-si.

Since the place is an intersection where traffic is not controlled, the driver has a duty of care to properly see whether there is a vehicle driving the intersection by reducing the speed prior to the left-hand turn or temporarily stopping, and to prevent the accident by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected to turn to the left as it is and negligently got the victim D (the age of 52) driven by the victim D (the age of 52) who had driven the front part of the ECA 110 motorcycle driving by the front part of the passenger car driving by the Defendant, and suffered injury, such as the alley of the upper part of the upper part of the ECA 110 motorcycle that requires approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement of D police statement;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, the fact that the defendant has not committed any negligence falling under the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and deposit money for the victim);