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(영문) 서울북부지방법원 2013.12.12 2013고단1574
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Clearning car.

On February 8, 2013, the Defendant driven the said car at a speed of about 37km in speed from the west-gu Seoul Central Government, Jung-gu, Seoul to drive the said car at a speed of about 37km in speed, depending on two-lanes towards the shooting distance from the west-gu, Seoul to the west-gu.

At that time, the defendant was driving in the same direction as the bicycle driven by the victim D, so there was a duty of care to secure the necessary distance to avoid collision with the bicycle and prevent the accident from occurring.

Nevertheless, the defendant neglected this and found the bicycle late by negligence in close vicinity to the bicycle and operated it late, but did not stop, and did not stop the part of the back wheel of the bicycle.

As a result, the Defendant suffered injury, such as a mental disorder, which requires approximately 12 weeks of medical treatment from the victim due to the above occupational negligence, and a sexual mental disorder, which requires more than 6 months of hospitalization, etc., and thereby, caused a imprisony or incurable disease.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Comprehensive traffic accident analysis letter;

1. A medical certificate;

1. Application of Acts and subordinate statutes to an investigation report (Submission of a copy of medical records of a victim), an investigation report, or a medical adviser;

1. Determination as to the assertion by the relevant legal provisions on criminal facts, Article 3(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. The alleged traffic accident of this case conflicts with the first head of the Defendant’s vehicle while the victim is driving a three-lane on the bicycle, changing course into a two-lane, and immediately after that, the second head of the Defendant’s vehicle is kid in front of the Defendant’s vehicle.

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