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(영문) 서울동부지방법원 2017.06.14 2017고단1074
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 Bone Star vehicles.

On November 22, 2016, the Defendant driven the above vehicle on November 18:36, 2016, and turned to the left at the right side of the access road of the second apartment road of the Yong-gu Seoul, Seongdong-gu, Seoul, with the distance of 431 as a reading day of Seongdong-gu.

However, there is a place where the left turn to the left is permitted at the straight line, and the traffic is frequent, so the driver of the vehicle has a duty of care to check the safety of the vehicle by checking the traffic situation of the front line, the left, and the intersection, and by temporarily stopping or making the left turn, and to prevent the accident from spreading.

Nevertheless, the Defendant neglected this and went to the left as it was due to the negligence of the Defendant, and the victim C (31 tax) who was driving in a gold sponsed from the front side of the D-wheeled Vehicle C (31) to the right side side of the said vehicle, and the Defendant ex officio corrected part of the facts charged to the extent that it does not interfere with the Defendant’s exercise of the Defendant’s right to defense.

Defendant 1 suffered approximately seven weeks of her occupational negligence from the victim’s left-hand fluoral position in need of approximately seven weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

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

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

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act provides that the instant accident occurred due to the Defendant’s mistake in the section where the left-hand turn is permitted, and the degree of breach of duty is not less severe, but more severe than the degree of injury, or the Defendant’s mistake is recognized, and damage is caused by the Defendant’

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