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(영문) 서울동부지방법원 2013.04.10 2012고단3350

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a B 110CC motorcycle.

On March 2, 2012, the Defendant driven the above motorcycle on March 17:5, 2012, and changed the lane into one lane while driving the road near the 27-lane of Songpa-gu Seoul Metropolitan City into the 6-lane of diving distance from the south side of the locking Zone to the 6-lane of the locking Zone.

In such cases, when it is likely that a person engaged in driving service of a motor vehicle may impede normal traffic of other motor vehicles running in the direction of the change, he/she shall not change course, and he/she has a duty of care to give advance notice of change of course and to prevent accidents by safely changing the lane through the operation of direction direction, etc. in advance, and the situation of traffic is well considered.

Nevertheless, the Defendant neglected this and obtained the front wheels part of the D 110CC motorcycle, which the Defendant drives from the two lanes to the one lane, as it was due to the negligence of changing it, from the two lanes to the one lane, as the rear wheels part of the motor bicycle driving by the Defendant, and due to the shock, the motor bicycle driving by the victim goes beyond the left side and the motor bicycle driving by the victim goes beyond the left side, and the front door part of the Fbenz motor vehicle driven by the E, which is sent at the left left side, was cut off to the floor, and the victim fell from the floor as it is.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

1. The actual survey report and the occurrence of traffic accidents;

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

1. The grounds for sentencing under Article 3(1), the proviso of Article 3(2)6 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act regarding criminal facts are divided into several parts, and there are no criminal records other than fines.