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(영문) 인천지방법원 2015.04.23 2015고정703

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 9, 2014, around 08:33, the Defendant was driving in front of the Criju station located in Seo-gu Incheon, Incheon, in the direction of home distance from the public village distance.

At the time, there was a frequent range of time for the vehicle to attend school, and therefore there was a duty of care to prevent the accident due to the change of the vehicle's vehicle before and after the change of the vehicle.

Nevertheless, the Defendant neglected this and tried to avoid transfer after finding out that the FST5 car driven by the victim E (the age of 37) due to negligence in the course of business, which was driven by the victim E (the age of 37) due to the occupational negligence, was about to avoid the change of the vehicle earlier. However, it did not reach this point, and it received the victim’s back wheel part with the front wheel part of the passenger car.

As a result, the Defendant caused injury to the victim, such as salt fats, requiring treatment for about three weeks by occupational negligence as above, and at the same time destroyed the Defendant’s repair cost equivalent to approximately KRW 12,754,778, such as even the right back door of the damaged vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Automobile insurance certificate:

1. An accident video photograph;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46(2)2 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 and Article 38(1) of the Criminal Act among concurrent crimes;