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서울북부지방법원 2013.10.01 2013고단1743
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 motor bicycle for CITI100.

On May 24, 2013, the Defendant driven the above motorcycle around 13:40 on May 24, 2013, and proceeded three lanes from the three-lanes of the 295-284, Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul, at a speed of about 60km from the Sim-si Ambassador distance to the Sim-si Ambassador distance.

At all times, there is an intersection where signal lights are installed, so it is necessary to confirm whether a person engaged in driving of a motor vehicle has a motor vehicle driving a motor vehicle driving through the intersection by reducing speed and by properly examining the front side, and there was a duty of care to prevent the accident in advance by driving the motor vehicle safely according to the traffic signal.

Nevertheless, the Defendant neglected this and did not stop even if the vehicle signal has already been changed from green to yellow, and did not stop in violation of the signal at the same speed, and the victim C (the aged 60) who is proceeding the above intersection in accordance with the new name from the right side of the running direction to the left side of the motor bicycle driven by the victim C(the aged 60) who is proceeding the above intersection in accordance with the new name, conflicts with the front side of the motor bicycle driving by the Defendant.

As a result, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as the abandonment of the body of hand in need of treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition of traffic accidents;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) 1 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The criminal history and degree of damage as indicated in the reasoning of sentencing in Article 62-2 of the Social Service Order Criminal Act, and the circumstances before and after the crime are considered, but the defendant has no criminal history, and the defendant has the liability insurance.

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