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(영문) 서울동부지방법원 2018.06.20 2017고단3891
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

On September 14:00 on September 12, 2016, the Defendant operated DCA110V engine bicycle, and proceeded at an insular speed in the direction of the shooting distance in the front of the Hanyang apartment, along the four-lanes in the direction of the Cheonggu Park in the direction of the shooting distance in front of the Hanyang apartment.

In this case, the driver of a motor device has a duty of care to prevent accidents in advance by safely driving in compliance with the traffic signal and driving the bicycle with the front door and left door.

Nevertheless, the defendant neglected this and caused the victim FF (41 tax) to drive the EWW125 motor bicycle in the opposite part by the negligence of entering the intersection as it is, and let the victim F (41 tax) to turn to the left according to the new code, to avoid the motor device bicycle of the defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the 4th anniversary of the left-hand side, which requires approximately six weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant (the factual relations are recognized and dispute over legal principles)

1. A protocol of the self-examination of the person under consideration;

1. The application of Acts and subordinate statutes to the survey report, diagnosis report, and opinion statement;

1. Determination on the assertion by a defense counsel under Article 3(1) and proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(2) proviso 1 of the Criminal Act, and Article 268 (Selection of Imprisonment without prison labor) of the Criminal Act / [Dissenting the claim] Defendant found, after entering the intersection of the location where the accident occurred, the right to turn to the left at the direction of the victim is delayed, and the right to turn to the right to turn to the intersection was right to turn to the intersection, and the victim who was left to the left to the left pursuant to the new subparagraph was injured because

Then, the defendant did not violate the signal because he was bypass without a direct progress, and the accident of this case is in the crosswalk.

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