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(영문) 서울북부지방법원 2015.06.30 2014고단4676
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

On June 24, 2014, around 05:10 on June 24, 2014, the Defendant driven a road of 1 lane in front of the Gangnam-gu Seoul Metropolitan Government Seoul Northern District, from the Dowing Island to the Dowing-gu, and proceeded at approximately 50km in speed.

At this point, the intersection where the signal, etc. is not installed, and the victim E (the age of 62) discovered that he gets on and off a bicycle, so the defendant, who was driving, has the duty of care to reduce speed and drive by properly examining the right and the right and the right of the bicycle, as well as to prevent the accident by driving the victim through or getting on the way by temporarily stopping, even though he was negligent in finding the victim, but did not operate the brake, but rather did not operate the brake, by negligent negligence going through a speed pedal, the part of the victim's bicycle driving on the left side of the defendant's bicycle driving which gets on the right side of the driver's car, and went beyond the victim by taking the part of the victim's bicycle driving on the right side of the defendant's car.

The Defendant suffered a serious injury to the victim due to such occupational negligence as above, resulting in uncertainty due to the injury, such as the closure of the climatic frame, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of traffic accident report (1) (2) (2));

1. Images of video CDs, accident vehicles, damaged bicycle photographs, on-site photographs;

1. Statement of statement made by the police officer in F (the representative of the victim's family);

1. Application of Acts and subordinate statutes to an investigation report (verification of whether a victim is recovered), medical certificate, and opinion;

1. The reasons for sentencing under Article 3(1) and the proviso of Article 4(1)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts are the defendant's mistake and reflects his/her fault, and the defendant's rent is covered by a comprehensive insurance policy.

However, the victim's life risks due to the injury of the traffic accident of this case has occurred and the food has not been known until now.

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