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(영문) 전주지방법원 2015.03.31 2015고단25
교통사고처리특례법위반
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 becomes final and conclusive.

Reasons

Punishment of the crime

On December 30, 2014, the Defendant operated a car in the SP area C with the business of 08:45 on December 30, 2014, and proceeded to turn to the left at the right-hand side of the PPdong, depending on one-lane of the two-lanes in front of the SPPP in front of the SPP in front city, the Defendant got to turn to the right-hand turn to the right-hand turn.

Since there is a long distance intersection where signal lights are installed, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by thoroughly driving the motor vehicle on the front side and safely driving the motor vehicle in accordance with the new code.

Nevertheless, by neglecting this, the Defendant did not discover the victim D(64 years old) who passed a bicycle on the right side from the left side of the running direction of the Defendant according to the pedestrian signal by making a left-hand turn to the right-hand turn at the front of the driver's car, and received the above bicycle in front of the left-hand side of the Defendant's car.

Ultimately, the Defendant suffered injury to the victim, such as sacrife and safy, which require approximately eight weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Reports on traffic accidents and photographs thereof;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor

1. The negligence of a defendant who has caused a traffic accident in violation of the reason for sentencing in accordance with Article 62(1) of the Criminal Act (the following sentencing factors favorable to the defendant) is serious, and the degree of injury suffered by the victim is also minor;

However, the fact that the defendant's mistake is seriously against the defendant, the vehicle of the defendant is covered by a comprehensive insurance, the victim does not want the punishment of the defendant, and the defendant immediately after the accident occurs.

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