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(영문) 수원지방법원 안산지원 2019.02.19 2018고단4227
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a person engaging in driving a spectrum car.

On April 21, 2018, the Defendant driven the above car at around 12:18, and had the left turn turn turn turn turn turn turn turn turn turn turn turn on the two-lane road front C in front of C at Silung-si at Silung-si.

There was a duty of care to make a left turn to the left-hand turn on the non-protective section, and there was a duty of care to make a left-hand turn by examining well whether there is another vehicle that is straight according to the straight signal in the opposite part.

Nevertheless, the Defendant did not discover the EMW Ora in the injured party D (year 49) drive, which was proceeding directly from the above duty of care, and did not turn back to the right side of the Defendant’s driver’s car due to the negligence of left turn.

결국 피고인은 위와 같은 업무상 과실로 피해자에게 약 8주간의 치료가 필요한 좌측 무지 중수골 근위부 골절 등 상해를 입게 하고 폐쇄정복술 및 내ㆍ외 고정술의 수술을 받도록 하여, 영구장애가 된 두덩뼈(치골) 결합의 외상성파열 등의 중상해를 입게 하였다.

2. The defendant and his defense counsel asserts that since the victim's injury does not constitute a serious injury and the vehicle driven by the defendant is covered by a comprehensive insurance, the prosecution of this case should be dismissed.

It was issued a medical certificate to the effect that the victim suffered from injury as stated in the facts charged due to the traffic accident of this case and received surgery and treatment, but with a fluoral combined 26m punishment, 20% of the labor force was permanently lost as an urban worker on the Mabrodide table.

(Entry of Defendant’s legal statement and disability diagnosis statement) However, in Article 4(1) of the Special Act on the Settlement of Traffic Accidents, a vehicle which caused a traffic accident is insured.

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