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(영문) 의정부지방법원 고양지원 2014.12.19 2014고단1273

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 of a D-wheeled vehicle.

On May 11, 2014, the Defendant driven a light-wheeled vehicle with the driver’s license around 22:03, the Defendant proceeded one-lane from the two-lanes in front of the Mangyeong-dong, Mangyeong-dong, Seoyang-dong, Mangyeong-dong, Mangyeong-do, Goyang-do.

At the time, there was night and raining, and there was a concentration of commercial buildings on the left and right of the road, so the person engaged in driving duty has a duty of care to safely drive the road by considering whether there was a person crossing the road by reducing the speed and driving the road.

Nevertheless, due to negligence of neglecting the above duty of care, the defendant suffered from the victim E (Nam, 42 years old) who crosses the road without permission from the right-hand side of the defendant's running direction, due to the shock of the victim E (Seoul, 42 years old) with the front-hander of the two-wheeled vehicle, which requires approximately 14 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. A traffic accident report and a medical certificate;

1. Three copies of a photograph at the scene of an accident, a photograph of the scene of the accident, a closure of the following interview;

1. The Defendant asserted to the effect that there was no negligence on the occurrence of the instant traffic accident, since there was no predictability or possibility of avoidance.

However, according to the above evidence, the location of the instant traffic accident is near the crosswalk, and even if it is difficult to view at night and in a low speed, the Defendant was running without taking such measures as reducing speed. The victim was parked in the vicinity of the place where the traffic accident started without permission, but the victim was a general passenger car with a high altitude, and the victim was not found in advance, even if the vehicle was parked, and the victim was coming out of the parked area and coming out to the center line, and the victim was not able to operate the brake, etc. without any operation.