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(영문) 전주지방법원 2013.11.20 2013고단2015
교통사고처리특례법위반등
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

On September 3, 2013, the Defendant was driving D's franchise-to-TG car by business around 19:00, and came to a private intersection in the middle of the Madun apartment road in front of the Madun apartment, which is a flexible road in the front city of the Jeonju City, with one lane from the second line of the road in front of the Madun apartment.

Since there is an intersection where signal apparatus is installed on the front side, a driver of a motor vehicle has a duty of care to prevent accidents in advance by living well the front side and the left, and operating safely in accordance with the new code.

Nevertheless, as a result of the Defendant’s negligence by entering the intersection as it is in contravention of the former direction, the Defendant took part of the part of the victim E(55 years old)’s rocketing motor vehicle backer part of the victim E(55 years old) driven by signal apparatus signals to the left side of the latter direction of the Defendant’s course, with the Defendant’s vehicle being pushed back in the future due to its shock, and the Defendant’s vehicle was tightly pushed back to the front side of the passenger’s vehicle, and the victim C(25 years old) intending to walk the bicycle on the right side of the part adjacent to the direction of the Defendant’s course.

As a result, the Defendant suffered from the victim E’s occupational negligence such as the injury to the right-hand chills, etc., which requires approximately six weeks of medical treatment, and the victim C’s injury to the left-hand chills, etc. and the divers of all parts, which require medical treatment for about three weeks. At the same time, the Defendant damaged the victim’s rocketing car owned by the victim G to have an amount equivalent to KRW 6,861,506, repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and C;

1. A traffic accident actual condition survey report and photographs;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Duties under Article 3(1) and the proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 151 of the Road Traffic Act concerning criminal facts.

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