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(영문) 인천지방법원 2017.02.01 2016고단8101

교통사고처리특례법위반(치상)

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

The Defendant is a person who is engaged in driving a k5 passenger vehicle.

On October 16, 2016, the Defendant driven the above car at around 18:45 on October 16, 2016, and led to turn to the left at about 60 km per hour in the direction of the Human Resources Development Institute in the direction of training Dong-gu, Incheon.

At the time, a signal, etc. is installed at night and is installed at a front door, so in such cases, the driver had a duty of care to reduce the speed to the person engaged in driving service and to ensure the movement of other vehicles that are in progress in the signal, etc. and the front door, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and discovered the victim F.(59) who was in the direction of the training operation with a direct driving signal by negligence in violation of the signal, and was in the direction of the direction of the steering operation in the direction of the head of the Dong-gu (59 ) late later, and suspended rapidly to avoid this, but the Defendant was unable to avoid it. However, the Defendant received the front part of the vehicle operated by the victim with the top part of the said vehicle operated by the Defendant, which was the front part of the vehicle driven by the victim.

Ultimately, the Defendant, by occupational negligence, suffered injury to the victim He (the age of 53) who was on board the said victim and the said victim’s vehicle, such as salt, tensions, etc. in a trend requiring approximately two weeks of medical treatment, injury to the victim I (the age of 21) who was on board the victim’s vehicle, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and injury to the victim’s J (the age of 53) who was on board the Defendant’s vehicle in need of approximately 12 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement of I;

1. A survey report, a black stuff image, and a photo at the scene of an accident;

1. Application of Acts and subordinate statutes of each written diagnosis;

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