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(영문) 수원지방법원 2021.02.09 2020고단2505
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car B G80.

On February 10, 2020, the Defendant driven the above car around 12:03, and driven the above car, which led to the left turn signal at the intersection of the shooting distance between the offbacheon-dong and the offbacheon-dong road of 5-lanes of the shooting distance in order to make the left turn turn turn turn turn turn turn turn turn at the intersection.

In such cases, a driver of a motor vehicle has a duty of care to check whether there is a motor vehicle driving through an intersection by checking well the front side of the motor vehicle and to prevent the accident by safely driving the motor vehicle in accordance with the traffic signals.

Nevertheless, the Defendant neglected this, and caused the collision with the front part of the car of the victim C(W, 59 years old)'s driving Da K3 car driving in accordance with the straight line, which took place in accordance with the straight line in the direction of the right-hand turn to the right-hand turn at each direction of the IC, with the traffic signal at the right-hand line, and by the negligence of moving to the right-hand turn in the direction of the IC.

Defendant 1 caused injury to the victim by negligence in the course of performing the above duties, such as an influence of the details of the situation requiring approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Traffic accident report (on-site investigation report), investigation report (on-site investigation report), signal cycle table, signal distance signal signal system, signal system of head-on-site and signal signal distance signal system, photo (B) to cut off the flue image of the signal signal signal cycle, traffic information CCTV images caps and photographs;

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. The following circumstances are the grounds for sentencing under the main sentence of Article 186(1) of the Criminal Procedure Act, which bears the costs of lawsuit, and other factors of the defendant.

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