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(영문) 의정부지방법원 2013.10.18 2013고단1784

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for eight months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-learning car.

around 09:40 on December 27, 2012, the Defendant continued to run approximately 180 meters away from the high-level 1st Intersection 1, Gosan-si, Gosan-si, Gosan-si, Jeju-do, in a two-lane from Jeju-si, Gosan-si.

At all times, traffic in rural areas is limited, there was no obstacle on the front side, and it is found that there was a stop in order to cross the victim D (ma, 61 years old) driving on the right side of about 180 meters prior to the moving direction in order to cross the opposite part, so in such a case, the driver of the vehicle has a duty of care to prevent accidents in advance by safely driving the vehicle by safely driving the vehicle, such as making the victim's dynamic situation well, reducing the speed in advance, and reducing the course to prevent the victim from entering the road.

Nevertheless, the Defendant neglected this and found the fact that the victim proceeds from the left side of the Defendant's running side, changed the Jindo to the left side of the Defendant's running side, and took an urgent action to avoid this. However, the Defendant failed to take the measure so as to avoid this, and led the victim to the ground by leaving the victim go beyond the ground by shocking the upper right side of the above-hand side of the vehicle into the front side of the above-to-hand side of the vehicle, thereby causing the victim to a state of trouble in recognition function, such as language due to brain damage, such as throdism, external cerebral hemosis, thale, and thale, and so on, causing danger and injury to his life, or an incurable or incurable disease.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report;

1. On-site map and on-site photograph;

1. On-site speed and surrounding photographs;

1. Request for a traffic accident inspection (verification of the speed and collision status of vehicles);

1. A report of internal investigation (a written appraisal of the National Institute of Scientific Investigation).