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(영문) 인천지방법원 부천지원 2016.08.12 2016고정757

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of BV125.

On April 17, 2016, the Defendant, while driving the upper gate on April 17, 2016 at around 21:15, is running along the upper gate of the front Kacheon-gu Seoul Special Metropolitan City, the place is prohibited from driving the vehicle, and thus, in such a case, the Defendant has a duty of care to safely drive the gate because the person engaged in driving the vehicle is required to drive the gate on a road other than the crosswalk, or the passage to the crosswalk is frequent by the vehicle.

Nevertheless, the defendant neglected this and proceeded along the crosswalk as it is while standing the crosswalk, and the victim gets a bicycle driven by the victim D (21 tax) in the bend in the bend in the bend.

As a result, the Defendant suffered injury, such as pulverization of 4-day staff members on the left-hand side, which requires approximately four weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. The actual investigation report on traffic accidents;

1. A medical certificate, a certificate of hospitalization, or a copy of a medical record;

1. Application of Acts and subordinate statutes to field photographs and ozone photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;