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(영문) 인천지방법원 2019.09.05 2018고정2739

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a motor vehicle B.

On May 9, 2017, the defendant, while the validity of the driver's license was suspended at around 22:20 on May 9, 2017, the defendant driving of the above car and driving it to show D's front roads located in Nam-gu Incheon Metropolitan City, Nam-gu C into a private-distance range at the entrance of the liver station from the t

In this case, there was a duty of care to confirm whether a person engaged in driving service is a person who flicks a way to reduce speed and check the right and the right and the right and the right and the right and the duty of care to drive safely.

Nevertheless, the Defendant neglected this and got the victim to go beyond the floor by shocking the right traw part of the victim E (V, 64 years old) who dried up the above road by negligence, to the left part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as brain salvins, which requires approximately three weeks of medical treatment, due to the above occupational negligence.

2. Although the Defendant violated the Road Traffic Act (unlicensed driving) was in a state of suspension of the validity of the driver’s license from March 16, 2017 to July 8, 2017, the Defendant driven a B lurs car from the 2km section from the roads front of the Jeju Southern-gu Jeju metropolitan area to the places specified in paragraph (1) on the roads located in paragraph (1).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and F;

1. Report on the occurrence of a traffic accident, report on the scene of the accident, report on actual condition survey, diagnostic certificate, register of driver's licenses, details of the disposition suspending driver's licenses, and application of Acts and subordinate statutes of the relevant

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268(1) of the Criminal Act, subparagraph 1 of Article 152, Article 43(1) of the Road Traffic Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;