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(영문) 인천지방법원 2015.02.05 2014고단6772

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 engaged in driving CSP car driving.

On July 20, 2014, at around 14:25, the Defendant proceeded ahead of the shooting distance of the Southern-gu Incheon Southern-ro Police Station 72 in the direction of the academic distance from the Incheon Traffic Broadcasting to the speed of about 30 to 40km each hour according to the two lanes in the direction of the academic distance from the Incheon Traffic Broadcasting.

Since there is a traffic signal, there is a duty of care to prevent accidents in advance by driving according to the traffic signal.

Nevertheless, the Defendant neglected this and proceeded to the front red signal while driving in accordance with normal signal at the direction of the proceeding, and was driven by the victim D (the age of 38) driving in accordance with the normal signal, and received the front part of the right side of the passenger vehicle as the left side of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographss of the skin, photographs of the damaged vehicle, and actual yellow survey report;

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

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Facts constituting an offense, and Article 268 of the Criminal Act.

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to twenty million won; and

2. Determination of sentence: A decision of sentence: A fine not exceeding 2 million won (fried circumstances) has no criminal power; a victim deposits KRW 4 million for the victim, while the victim received a diagnosis of the credit pressure of a critical signboard requiring additional four weeks medical treatment due to the instant accident, such as satisfing, satisfing, escape of satisfebrates, vertebrate so that the victim submitted an additional diagnosis. Therefore, the health class and the medical corporation foundation of this Court.