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(영문) 청주지방법원 2017.09.22 2016고단2546

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor device CCA110 bicycle.

On September 23:50, 2016, the Defendant driven a bicycle with a motor device device at around 23:50, and proceeded along the three-lane road in front of the Cheongju-si Cheongju-dong Mangam Magdong Park with a one-lane distance from the direction of the Kaam Mag-dong Park.

At the time, since it is night and a place where a signal is installed, there was a duty of care to reduce speed and safely proceed in accordance with the protection of the front bank.

Nevertheless, although the Defendant neglected this and changed the progress signal to a red signal through yellow, the Defendant was negligent in proceeding in violation of the signal and received the front part of the motor device bicycle in front of the Defendant’s motor device bicycle in front of the instant car driving, which normally proceed to turn to the left from the flap 1 Dong community service center to the flap of the flap 1-dong office.

Ultimately, the Defendant suffered injury to the victim F (16) on board the Defendant’s motor device bicycle riding side by negligence in the course of business as above, such as an injury to the left-hand pelle, which requires approximately 14 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, G, and F;

1. A written statement of D (the occurrence of traffic accidents);

1. A report on the occurrence of a traffic accident, a survey report on actual condition, on-site photographs, and a detailed statement of report processing;

1. Application of Acts and subordinate statutes to each medical certificate and copy of medical records;

1. The accident of this case on the grounds of the pertinent legal provisions of criminal facts, the proviso of Article 3(1) and Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act, is of gross negligence, when the defendant violated his/her signal, and the accident of this case is of gross negligence. The victim is deemed to have suffered a serious injury due to the crime of this case, and the victim suffers a mental disorder due to two external wounds caused by the accident.