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(영문) 서울중앙지방법원 2017.11.22 2017고단3055
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment without prison labor for up to six months and a fine of up to 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant has no motor device bicycle license.

Nevertheless, on October 3, 2016, the Defendant driven CCA110V Baba, a motor device bicycle, and proceeded with the roads in front of Gwanak-gu in Seoul Special Metropolitan City, from 1775 in the south-gu circulation to the south-west circulation. On the other hand, the Defendant entered the south-west circulation to the south-west circulation, and went into the south-west intersection to the north-west outflow from the south-west intersection at the entrance of the modern market, and changed the course immediately from four lanes to one lane to one.

In such cases, a person engaged in driving on the off-to-land shall not change course when he/she is likely to obstruct the normal traffic of other vehicles running in the direction of the change, and he/she has a duty of care to give prior notice of change of course and to prevent accidents by safely changing the lane by operating the direction, etc. in advance.

Nevertheless, the defendant neglected the above duty of care and caused the above CA1105 Obama to the front part of the injured party E (26) driving in the same direction on the three-lanes.

As a result, the defendant had the victim suffered bodily injury, such as cutting the bones of fingers, which requires medical treatment for about 12 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of traffic accident occurrence status prepared by E;

1. The report of a traffic accident (1), (2) (2) and the report on the occurrence of a traffic accident, and the investigation report (7) at a net time;

1. The driver's license ledger;

1. A written diagnosis of E;

1. Application of Acts and subordinate statutes (No. 9 No. 1) to the victim's off-to-damage photographs;

1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the injury caused by occupational negligence) and Article 154 Subparag. 2 of the Road Traffic Act concerning criminal facts.

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