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(영문) 대전지방법원 천안지원 2018.07.09 2017고단1684

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the accused does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

The defendant shall drive a motor vehicle frequently or frequently.

On March 20, 2017, at around 17:15, the Defendant driven the above vehicle and made a turn to the left on the side of the school with a three-distance with a three-dimensional flash light signal, etc. for transmission at Asan-si.

Since there is a three-dimensional on-and-off signal installed, in such a case, the driver of the vehicle has a duty of care to temporarily stop the vehicle before entering the intersection and to check the right and the right and the right well.

The Defendant neglected this duty of care and neglected to proceed as is, and thereby, got the victim D (the 53 years old), driving E, which was set up on the left side from the right side of the course direction, to the right side of the driver’s vehicle in front of the Defendant’s driving car.

In this accident, the victim suffered injuries, such as salt ties, tensions, etc., in need of approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement protocol (D);

1. Guidance for the report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, making of a tea, photographs of the scene of the accident, pictures of the damaged vehicle, photographs of the damaged vehicle, photographs of the damaged vehicle, and indicating places of the accident

1. A medical certificate;

1. The closures of damaged booms images, and the closures of suspect vehicle booms images;

1. In the investigation report (related to submission of treatment records for traffic accident victims D), the defendant and his defense counsel acknowledged the fact that the red-off signals have not been suspended, but the accident in this case occurred after getting out of the intersection to which the red-off signal applies, and that there is no relation with the defendant's violation of the signal.

However, according to each evidence written in the summary of the evidence, the accident of this case occurred in the course of the defendant's driver's car at the intersection of this case before the end of the left-hand turn, that is, the left-hand turn-hand turn at the intersection of this case,

In particular, it is a kind of obligation to temporarily suspend in the red on-and-off signals.