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(영문) 수원지방법원 성남지원 2018.08.30 2018고정768
교통사고처리특례법위반(치상)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle with sod motor vehicle of D.

On October 27, 2017, the Defendant proceeded along three-lanes from the north-gu Seoul Special Metropolitan City, Sungnam-gu to the Sungnam-gu branch of the Bank in the direction of the Sinnam-gu.

Since this place is an off-distance intersection with a signal apparatus, a person driving a motor vehicle has a duty of care to safely drive the motor vehicle according to the signals of the signal apparatus.

Nevertheless, the Defendant neglected this and received the part on the right side of the Genz car driven by the Victim F (28 3) who was driven by the Defendant at the front side of the Defendant’s vehicle due to his occupational negligence by entering a red-fluent line and violating the signal.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspect with respect to F;

1. A medical certificate;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, and investigation reports (report on the confirmation of black stay images);

1. The defendant and defense counsel's assertion on the accident-related vehicle photograph defendant and defense counsel argues to the purport that "the accident of this case is not caused by the negligence of the defendant's failure to drive in violation of the cross-road stop signal, but caused by the victim's rapid change of the lane to the lane of the defendant's driving due to the preceding accident, which is caused by the whole negligence of the victim, and there was no possibility that the accident occurred."

"Cases of operating a vehicle in violation of signals by signal apparatus" under Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents refers to cases where a violation of signals directly causes a traffic accident (see Supreme Court Decision 2011Do17, Mar. 15, 2012).

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