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(영문) 인천지방법원 2019.01.24 2018고단8090

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM3 car.

On October 26, 2018, the Defendant driven the above car on October 26, 2018, and proceeded at a speed that is difficult to know in the direction of the public village distance from the 516 rock distance from the marg of Seo-gu Incheon, Seo-gu, Incheon.

At the time, it was a new wall, and there was a rain, and there was a place where the center line of yellow-ray is installed, so there was a duty of care to operate safely with the driver's license thoroughly.

Nevertheless, the Defendant neglected this and failed to properly observe the vehicle line that the Defendant driven on the side of the vehicle line. In order to avoid the above situation, the Defendant conflicts with the fenced in front of the driver’s seat of the Dstststa taxi vehicle driven by the victim C, who was driven by the driver of the vehicle in the course of driving by the central line, with a view to avoiding the foregoing situation, and the said taxi vehicle, which was pushed down by the shock of the Defendant’s car, conflicts with the two wheelss of the driver’s seat of the F-crack-type vehicle driven by E, which was driven by the Defendant’s car.

After all, the Defendant suffered, by the above occupational negligence, the injury of the victim C, such as duplicating fuss, in which approximately six weeks of medical treatment is required for the victim C, the injury of the victim G who was aboard the said taxi, such as duplicating duplicating in the left-hand slot part, which requires approximately four weeks of medical treatment, and the injury of the victim H who was aboard the said taxi, such as duplicating the part of the following arms, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement of E and G;

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

1. Each written diagnosis;

1. Application of field map, photograph, and accident video-related Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 3 (2) (proviso) 2 of the same Act concerning facts constituting an offense;