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(영문) 수원지방법원 2020.05.14 2019고단4662
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

[Basic Facts] The defendant is the U.S. military personnel belonging to the Dongducheon Military Service Corps.

【Criminal Facts】

The Defendant is a person engaging in driving a B-D car.

On April 7, 2019, the Defendant driven the said car on April 11, 201:40, while driving the said car, led to the four-lane road in front of the Heung-gu Seoul Metropolitan City in the direction of the Dongan City, one-lane in the direction of the D University.

At this point, there is a center line of yellow solid lines, so in this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by making a good example at the U.S. permissible point of practice.

Nevertheless, although the Defendant neglected this and failed to reach the permissible zone for the U-turn, the Defendant, even though the traffic signals to turn to the left did not reach the permissible zone for the U-turn, the victim FF (the age of 53) who driven the E-motor bicycle that was driven in the third lane of the opposite opposite lane due to the fault of the yellow-ray line, went beyond the road in order to avoid the collision with the said vehicle.

As a result, the Defendant suffered injury, such as the cage of cage cages that require approximately five weeks of medical treatment from the above occupational negligence.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Each report on investigation;

1. The actual condition survey report, the report on the occurrence of a traffic accident, the site photograph of the accident, the immigration status of individuals and the mandatory insurance association;

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

1. Article 3(1) and the proviso to Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the degree of injury inflicted on the victim, the fact that the defendant left Korea immediately after the instant case and escaped, etc.

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