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(영문) 인천지방법원 부천지원 2020.02.07 2019고단3728

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 a rocketing car.

On July 27, 2019, the Defendant driven the above car on July 12:30, 2019, and driven the two-lane road in Seocheon-si C at a speed of about 30 km each hour from the direction of the swing-si road to the direction of the public parking lot.

Since there is a center line of yellow solid lines, there was a duty of care to make a internship at the permitted point of internship for a person engaged in driving motor vehicles.

Nevertheless, the defendant neglected this and caused the victim to go over the ground by being driven by the victim D (the 60-year-old) who was going straight from the two-lanes of the opposite road due to the negligence of the defendant's vehicle operation in the center line.

As a result, the Defendant suffered injury, such as a power failure in the left-hand supervisor of the left-hand side, which requires approximately five weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Reports on the occurrence of a traffic accident, photographs of the scene of the accident, and actual condition survey report;

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

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

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

1. According to Article 334(1) of the Criminal Procedure Act, the sentencing grounds of the provisional payment order reflects the defendant's mistake, the contents and degree of violation of the duty of care, the degree of injury of the victim, the agreement with the victim has been reached, the circumstances after the crime have been committed, the previous criminal records, the age, character, conduct, family relationship, economic circumstances, etc. shall be comprehensively considered and determined as ordered.