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(영문) 인천지방법원 2021.01.28 2020고정2098

교통사고처리특례법위반(치상)

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 Obane.

On May 21, 2020, the Defendant driven the above Obaon on May 21, 2020, and led the front road of Bupyeong-gu Incheon Metropolitan City to turn to the left at the shooting distance from the U.S. to the left.

At that time, there was a duty of care to reduce the speed to those engaged in driving of a motor vehicle, to live well on the front side and the right and the right, and to prevent accidents in advance by safely driving according to traffic signals.

Nevertheless, the Defendant neglected this and received the front part of the victim E (33 ) of the FOba in front of the front part of the victim E (33 ) who was directly engaged in the left-hand turn from the surface of the agricultural product market located in the Masan Madsan, by negligence in violation of the signal, even though the vehicle signal was a green straight-hand signal.

Ultimately, the Defendant suffered injury to the victim, such as “a shoulder or any other part of a shoulder,” which requires approximately three weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. The E-statement of the defendant's partial statement and the fact-finding report on the accident scene;

1. Application of the video CD-related Acts and subordinate statutes

1. Article 3(1) and the proviso to Article 3(2)1 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 selection of fines;

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The instant crime is deemed to have caused a traffic accident in violation of the Defendant’s signal while driving, resulting in an injury to the victim, and the degree of breach of the duty of care is serious, and the result of the damage is also minor.

The defendant did not endeavor to recover damage while denying the crime.

The favorable circumstances: the first offense.

The defendant's age, sexual behavior, and age, including the above circumstances.