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(영문) 대전지방법원 2012.09.06 2012고단1929
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C low-est car.

On May 1, 2012, the Defendant driven the above car at around 08:45, while driving it on the front side of the agricultural cooperative located in the Seo-gu Daejeon-gu, Daejeon, to turn to the left.

There are crosswalks where signal lights are installed and there is no left-hand turn signal, so in such a case, the driver of the motor vehicle has a duty of care to check whether there is no person crossing the crosswalk and to accurately manipulate the steering gear and the brake system in order to prevent the accident from spreading.

Nevertheless, the defendant neglected to turn to the left as it is, due to the negligence of the defendant's failure, received the right bridge part of the victim D (at the age of 55) crossing the crosswalk in accordance with the pedestrian signals, and let the victim go to the road. After driving the above vehicle, the defendant left to the right bridge of the victim while moving to the future.

As a result, the Defendant suffered injury to the victim, such as “a satisfying satfy,” which requires medical treatment for about 12 weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each written diagnosis;

1. Application of the statutes governing the actual condition of traffic accidents;

1. According to Article 3(1) and the proviso of Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act, the instant accident was a serious accident for which the Defendant was negligent, taking into account the following factors: (a) the degree of injury of the Defendant was serious; and (b) the victim of the △△△△△ was able to punish the Defendant; and (c) the mitigated element of the punishment, the fact that the Defendant deposited KRW 2,00,000 for the victim; and (d) the △△△△△△△△△△.

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