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(영문) 제주지방법원 2018.11.19 2017고단2491
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle in the BNA Scion Paf.

On June 7, 2017, the Defendant driven the above vehicle at around 17:57, and proceeded to turn to the left from the direction of the village from the direction of the Western Police Station to the direction of the village.

At this point, since it is a private-distance intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents in advance by safely proceeding in accordance with his/her own name.

Nevertheless, when the defendant neglected this and neglected to make a left-hand turn in violation of the red signals signals, he shall use the mast-down intersection.

From the side, the part on the left side of the victim D(45) driving in the direction of the sub-department was received as the front part of the above vehicle.

After all, the Defendant suffered injury, such as the 7th anniversary of the left-hand end of the Korean War, which requires approximately 10 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

1. Application of Acts and subordinate statutes for report on internal investigation (verification of black boxes);

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

1. The Defendant did not turn to the left at the private-distance intersection where a signal, etc. is installed but did not turn to the left, and the Defendant collisioned with the driver’s vehicle who was straight to the left.

The damaged vehicle was moved to another accident, and the victim was significantly different.

The victim was hospitalized in the general hospital for 50 days.

The victim is asking for the post-treatment, and the defendant is able to be punished for severe punishment.

The medical expenses and vehicle repair expenses of the victim were paid with the comprehensive insurance subscribed by the defendant, but only the damage and property damage of the victim were incurred.

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