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(영문) 수원지방법원 2020.05.14 2019고정2054
교통사고처리특례법위반(치상)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

At around 21:52 on July 19, 2019, the Defendant came to turn to the left at the right of the four-lane road in front of the Dongwon post office, which is located in 143 due to the transfer of Suwon-si, Suwon-si, Suwon-si, according to one-lane from C apartment.

At the same time, there are nights, and there was an intersection where signal lights are installed, so the driver of the motor vehicle had a duty of care to live well in the front and drive the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected this and went to the left and left turn to the right at the intersection even when the left turn signal was changed to the straight signal, and the Defendant stopped in front of the crosswalk in front of the left-hand side, and the victim G (the aged 41) who was getting on and going to the right-hand side from the front side of the water viewing station to E along the four-lane side of the water viewing station, was trying to avoid it, and the balance is lost, and the Defendant was faced with the right-hand part of the back part of the said rocketing car.

Ultimately, the Defendant suffered injury to the victim, such as a felling felkes, which requires approximately five weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. G statements;

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. Blue image photographs;

1. As a result of the CD’s reproduction, the Defendant and his defense counsel stated that the Defendant violated the signal at the time of the instant case, but the direct cause of the instant accident is not a violation of the signal, and therefore, the instant accident does not constitute a traffic accident due to the “signal” under Article 3(2) proviso 1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents. Thus, the instant prosecution should be dismissed.

However, according to the Defendant’s vehicle at the time of the instant accident confirmed in the image of the black box attached to the Defendant’s vehicle, the instant accident is the Defendant’s vehicle at the time of the instant accident.

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