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(영문) 전주지방법원 군산지원 2017.02.03 2016고단1106
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 a period of two years 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 Brane XG car.

On September 23, 2016, the Defendant driven the above car at around 19:00 and proceeded along the way to the intersection, such as yellow dust, etc., along the way from the south apartment, the road in front of D, which is located in the next city C, to the intersection, such as yellow dust, and was on the left side of the road.

D The left turn was made to enter into the Republic of Korea.

At night, there was a center line in the road, which is composed of yellow solid lines, and there was no road sign that can turn to the left at the above D, and in such a case, there was a duty of care to safely enter the road by moving to the opposite direction because other vehicles are proceeding on the opposite direction. In such a case, the person engaged in driving of a motor vehicle is driving the motor vehicle, once he was moving to the intersection, such as yellow dust, etc., and then he was under duty to safely enter the road by moving to the opposite direction.

Nevertheless, the Defendant neglected this and did not confirm whether another vehicle is proceeding on the opposite direction on the road, and without registration of the victim E (53 tax) who was proceeding in the direction of the south apartment, such as yellow, etc., on the road of the opposite direction by occupational negligence, which goes beyond the center line and go to the left left at D, and suffered injury, such as the abandonment of the flag on the left side, which requires about 10 weeks medical treatment, by taking the front part of the Defendant’s car.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer against the defendant or E;

1. The actual investigation report on traffic accidents;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the first offender and the agreement with the victim).

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