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(영문) 인천지방법원 2016.04.07 2015고단7299

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car BM520.

On October 07, 2015, the Defendant driven the above vehicle at around 07:40, and driven the road of two lanes in front of Incheon Nam-gu, Incheon Metropolitan City C at about 50km in speed from the station of the State to the direction of the drawing.

In this case, the driver of a motor vehicle had a duty of care to prevent accidents in advance by accurately manipulating the front left left and right, and driving the operation of the motor vehicle safely.

Nevertheless, the Defendant neglected this and did not discover the victim D(W, 79 years of age) who is crossing the left-hand side from the mastal due to the negligence in progress at such speed as above, and did not discover the victim D(W, 79 years of age) and caused the victim to go beyond the upper left-hand part of the victim's left-hand side of the above car.

Ultimately, the Defendant suffered from the above occupational negligence that the victim suffered injury, such as a fresh fresh, blood fresh, etc., which had no open fresh within the closed fresh mouth, including the fresh of the body body, the fresh of the inside, the fresh of the inside, and the fresh of the fresh.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. A survey report on actual conditions;

1. Each written diagnosis and examination (the pages, 15, 28 of the investigation records);

1. Application of statutes on field photographs;

1. The reason for sentencing of Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act on the Grounds of the instant crime is as follows: (a) the mistake of a victim who illegally crossed the road on the ground of the instant crime also caused the occurrence of the instant accident or the expansion of damage; and (b) there is room for a concern for an insurer to contribute to the recovery of damage to the victim, although it is insufficient for a sea-going vehicle to subscribe to liability insurance (the insurance company is KRW 12,00,000 on the part of the victim).