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(영문) 수원지방법원 안산지원 2018.08.07 2018고단765
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C carren car.

On November 6, 2017, the Defendant driven the above car at a speed of 04:30, and proceeded to turn to the left the right at a speed of about 20 km from the side of the main 4-lane to the clothing store on November 6, 2015, the two-lanes in front of the early shooting distance in the Sung-si, 1535, Seosan-gu, Seosan-si, Seosan-si.

At all times, on-and-off signal was operated on the front side, and the direction of the defendant to turn to the left is installed, so in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle to prevent the accident by safely driving the vehicle by checking whether there is a person who saw the way by reducing speed and checking well the right and the right of the driver of the vehicle.

Nevertheless, the defendant did not discover the victim D (W, 77 years of age) who cross the marina to the right-hand side of the defendant's right-hand side while neglecting this, and had the victim go beyond the ground by taking the front side of the defendant's right-hand side of the above passenger vehicle.

Ultimately, the Defendant suffered injury to the victim, such as pulverization in the laver of abandonment in the right flag, which requires approximately 12 weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. A traffic accident report, photographs related to accidents, CCTV closure images for crime prevention, and video CDs related to accidents;

1. Application of Acts and subordinate statutes to diagnostic statements, investigation reports (to verifyCCTV images and attach investigation reports);

1. The instant accident occurred to a victim crossinging a crosswalk due to the negligence of the Defendant’s reason for sentencing Article 3(1) and proviso of Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act regarding criminal facts. Considering the circumstances where the victim did not reach an agreement with the victim and thus, the victim is legally punished.

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