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(영문) 수원지방법원 성남지원 2019.06.13 2019고단350
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 engaging in driving a rocketing car.

On December 19, 2018, the defendant driven the above car at around 23:10, and proceeded to turn to the left from the Eth to the Fth page of the D gas station in C.

At this point, the one-lane, the two-lanes, the two-lanes, the two-lanes, the two-lanes, the two-lanes, the two-lanes, the two-lanes, the two-lanes, the right-hands, and the left-hand turn signal after the two-way straight lines.

In this case, the driver of a motor vehicle has a duty of care to check whether there is a motor vehicle traveling along the intersection by reducing speed and checking the right and the right and the right of the motor vehicle and to prevent the accident in advance by driving safely according to the traffic signal.

Nevertheless, even though the Defendant neglected this and should not turn to the left with the right signal sent on the front side, the Defendant neglected it and left to the left, and the front wheels of the victim G(19 years old) driving through the intersection in accordance with the straight line from the opposite part of the vehicle driving direction of the said vehicle, and the front wheels of the two-wheeled vehicles of HCA 100 two-wheeled vehicles operated by the Defendant, was collisioned with the front part of the vehicle driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim by the above negligence, such as a stoke stoke stoke stoke stoke stoke stoke stoke s to the right.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A medical certificate and a medical certificate 2;

1. A traffic accident report (1) and a traffic accident report (2);

1. Application of Acts and subordinate statutes to a scene photograph of an accident, to capture CCTV images and to photographs of victims;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act.

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