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(영문) 춘천지방법원 강릉지원 2016.08.05 2016고단521
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Cystren vehicles.

On September 10, 2015, the Defendant driven the above vehicle at around 17:09, and proceeded along one lane between the parallel of the road in front of the East East Engineering at the south of the Gangwon-do, the Do-ro, 4738 (State) and the parallel of the road in front of the East Engineering.

There are two lanes from each other, two lanes from each other, the emergence of residents crossing without permission due to the lack of crosswalks in the vicinity of the road, and the speed limit was 60km per hour. On the opposite side of the defendant's running direction, many vehicles are standing in the vehicle due to traffic congestion. In such a case, there was a duty of care to ensure safe operation by accurately operating the steering direction and operating the steering system.

Nevertheless, the Defendant neglected this and did not give a full speed to the front door and left door, and found the victim D (69 years old) who was unauthorized to cross the Defendant’s car without permission by pushing the hand on the right side from the left side of the running direction of the Defendant’s vehicle late to find it late, but did not avoid it to the right side, but did not take it to the right side, and received the victim’s hand room as the front part of the Defendant’s driver’s vehicle.

Defendant 2 caused injury to the victim due to such occupational negligence during approximately 20 weeks of medical treatment. Defendant 2 suffered injury from blood transfusions, etc. under the supervision of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, drug map on the scene of a traffic accident, and report on a traffic accident;

1. Photographss related to each traffic accident;

1. Each medical certificate, general opinion, and doctor's opinion (whether serious injury is inflicted);

1. Determination on the Defendant’s assertion of the investigation report (emergency status, etc.)

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