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(영문) 서울서부지방법원 2016.08.18 2016고단1761
교통사고처리특례법위반
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 a car at CV.

On May 28, 2016, at around 20:50, the Defendant came to turn to the left at an irregular speed according to one lane among four-lanes in the direction of melting off the tunnels of the Korea Centers for Disease Control and Prevention, which were located in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, 285-30.

At the time, at night and at that time, the signal apparatus was installed, so there was a duty of care to look at the right and the right and the right and the right of the person engaged in the business of driving the motor vehicle well, and to accurately operate the steering direction and the system and to proceed safely in accordance with the signals.

Nevertheless, the defendant neglected this and neglected to stop because the left turn signal is a yellow signal, it is necessary to turn to the left, but the front part of the victim D(17 )'s E-to-face driving driven by the victim D(17 ) who was going to go straight along the two-lanes in the direction of the Gu flag tunnel in the direction of the Gu flag tunnel from the 3-lane of the Mamamabban market.

Ultimately, the Defendant suffered approximately 14 weeks from the above occupational negligence to the victim’s end-of-the-day treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A survey report on actual condition, a black stuff image photograph, and an accident site photograph;

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. The crime is not good in that the defendant in the reason of sentencing of Article 62(1) of the suspended sentence of the Criminal Act, in violation of the signal at the intersection and caused serious injury to the victim in need of medical treatment of about 14 weeks while driving the victim at the left.

Provided, That this shall not apply to the comprehensive motor vehicle insurance.

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