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(영문) 대전지방법원천안지원 2020.09.08 2020고단922
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a motorcycle B NSC125.

On December 1, 2019, around 19:18, the Defendant changed the course from three lanes to one-lane at an aesthetic speed, while driving in front of the D cafeteria in Seo-gu, Western-si C from the direction of printing launch distance to Samsung, the Defendant changed the course from three lanes to one-lane at an aesthetic speed.

In such cases, the driver of a motor vehicle is likely to impede normal traffic of other motor vehicles running in the direction to change the course, and there was a duty of care to prevent accidents in advance by giving an instruction to change the course in advance and by giving an advance notice of change in the course so that the driver of a motor vehicle has a duty of care to prevent accidents in advance.

Nevertheless, the Defendant neglected this and caused the fW125 motorcycle driving by the victim E (ma, 51 years old) who is driving in the same direction one lane due to the negligence of changing the course.

Ultimately, the Defendant suffered injury to the victim, such as the left-hand side of 12 weeks of medical treatment and minculation of mincation, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Report of a traffic accident (1), (2), report on the occurrence of a traffic accident, description of the accident, and photograph of the scene of the accident;

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

1. Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment) of the Criminal Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act recognize and reflects the error of the defendant, and there is no record of punishment except for the crime of violation of the Guarantee of Automobile Accident Compensation Act in 2011, and agreed with the victim, and the circumstances and degree of the accident in this case, and the background and degree of the accident in this case, and other matters regarding the defendant's age, character and conduct, relationship with the victim, motive, means and means of the crime.

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