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(영문) 창원지방법원 2019.06.04 2018고단2617
교통사고처리특례법위반(치상)등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is a person engaging in driving a B motorcycle.

On December 7, 2017, the Defendant driven the above motorcycle on December 21, 2017, and proceeded with the intersection of the distance of the D Center located in C at the window of Changwon-si, Changwon-si from the 2nd office of the civil petition center to the seat of the crew.

In this case, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle in accordance with the signals by reducing speed and properly examining the right and the right of the motor vehicle driver.

Nevertheless, the Defendant neglected to do so and neglected to change the vehicle's progress signals to the stop signal, and neglected to proceed as it was, by negligence, the victim E (the age of 37) who was proceeding on the left-hand side of the defendant's moving from the right-hand side of the running direction, received a non-registered motorcycle as the above motorcycle.

As a result, the Defendant suffered injury to the victim, such as the left-hand body felbs, which requires approximately eight weeks of treatment due to such occupational negligence, and damaged the said non-registered motor bicycle in the amount of KRW 5,110,000.

2. Comprehensively taking account of the following circumstances revealed in the trial and the record, it is insufficient to recognize, without reasonable doubt, that the Defendant, at the time, neglected the vehicle stop signal at the intersection of this case, as stated in the facts charged, while aside from whether the Defendant, at the time, passed along the lane near the crosswalk near the intersection of this case, along with the passage of the lane in the direction of E.

E was stated in the court that the signal of the lane in the direction of the defendant's passage prior to the entry into the intersection was yellow, but the location and covers of each signal, the signal system of the intersection, and the direction of E at the time of the crossing.

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