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(영문) 수원지방법원 2019.05.22 2018고단7339
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a two-wheeled vehicle B W125.

On October 29, 2018, the Defendant driven a two-wheeled vehicle on 18:40 on 29, 2018, and proceeded to turn to the left at a speed that is impossible to know one-lane from the e-mailside to the e-mailside of the e-mail.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person who gets involved in driving a motor vehicle by reducing speed and by properly examining the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the new code.

Nevertheless, the defendant neglected this and proceeded to the left without disregarding that the vehicle driving signal is changed to the stop signal, and the front part of the bicycle driven by the victim F (15 years old) who gets a bicycle on the left side from the right side of the direction of the defendant's proceeding to the right side of the two-wheeled vehicle of the defendant's two-wheeled vehicle.

Ultimately, the Defendant suffered injury to the victim, such as influence of the detailed details of the chain frame that requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is that the defendant, by negligence in violation of the signal, sustained bodily injury from a victim who has dried a bicycle or crosswalk, and the defendant's violation of the duty of care and the degree of injury to the victim is not provided against the victim.

However, the defendant committed the crime of this case.

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