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(영문) 광주지방법원 2017.04.13 2016고단5953
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 vehicle D.

On August 8, 2016, the Defendant proceeded along one-lane in the direction of the Twit-dong intersection from the long direction to the intersection of the Twit-dong, in the direction of the parallel.

In this case, the driver has a duty of care to safely drive the vehicle by complying with the vehicle line without entering the safety place where the vehicle is prohibited from entering the vehicle, since the safety zone that is set up in the yellow domin line immediately before the left-hand turn is installed.

Nevertheless, the Defendant neglected this and went to the left or left-hand turn line due to the negligence of entering the safety place where the vehicle is prohibited from entering the vehicle, and thereby going to the right or left-hand line at the right side of the course of the Defendant, and the left part of the victim G (77 years old) which was trying to enter the right or left-hand line, was left to the back part of the above right side of the vehicle of the Defendant driving.

Defendant 1 suffered injury to the victim G due to the above occupational negligence, such as an injury to the 8-day therapy, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols concerning the examination of partial police officers of the defendant;

1. Statement by part of the defendant (one time, second time);

1. A traffic accident occurrence report;

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

1. A survey report on actual conditions;

1. A report on internal accidents (verification of CCTV images around the scene of a traffic accident) and photographs taken to capture CCTVs attached thereto;

1. A report on internal investigation (the verification of the CCTV images before the I) and photographs by capturing the CCTV attached thereto;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The defense counsel of the defendant under Article 62 (1) of the Criminal Act;

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