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(영문) 서울동부지방법원 2016.10.13 2016고단2075
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for 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 CK5 cars.

On May 14, 2016, the Defendant driven the above vehicle on May 13:10, 2016, and driven the front road of Songpa-gu Seoul Metropolitan Government D along with the side road that does not run toward the wind-dong traditional market from the direction of the public bank settlement point.

At this point, there is a lot of traffic in the vicinity of the market, and there is a sign indicating the direction of turning back to the intersection. On the road, there is a place where the direction of passing along the intersection is indicated on the road, so in such a case, the driver of the motor vehicle has a duty of care to check whether there is a vehicle driving the motor vehicle using the intersection by reducing the speed and checking the direction well, and to safely drive the motor vehicle in accordance with the traffic sign and direction direction and prevent the accident in advance.

Nevertheless, the Defendant neglected this and led the victim E (the 74 years old) who crosses the road from the right side of the course to the left side of the road due to the negligence of driving ahead, unlike the direction of the wheel sign and the surface display, to the front part of the above vehicle.

In this regard, the Defendant suffered from the injury of the victim, such as pressure pressure duplicating 10 weeks in need of approximately 10 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the occurrence of each traffic accident A and E;

1. The actual condition survey report and on-site photographs of each traffic accident;

1. Application of Acts and subordinate statutes to each medical certificate and opinion;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Determination of the assertion of the Defendant and his/her defense counsel under Article 62(1) of the Criminal Act, and safety signs stipulated in the proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents

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