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(영문) 인천지방법원 2013.11.22 2013고정3839

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 21, 2013, at around 09:30, the Defendant driving a two-wheeled vehicle BFIDLE 125C, and the Defendant was in the straight speed of one lane among three-lanes at which it is impossible to know in the direction of tin-distance distance from the direction of viewing in the south-gu Incheon Metropolitan City.

Since there is a center line of yellow-ray, a person engaged in driving service has a duty of care to thoroughly operate the entire city and to safely operate the car line.

Nevertheless, the Defendant neglected this and hereded with the center line, and led the victim C (70 years of age, South) who runs in the direction of the viewing after the front of the DNA 250cc - the front wheels of the vehicle of this case driven by the victim C (70 years of age, South) in the direction of the front line.

결국 피고인은 위와 같은 업무상의 과실로 피해자 C에게 약 12주간의 치료를 요하는 자뼈몸통과 노뼈몸통 모두의 골절(폐쇄성) 등의 상해를 입게 함과 동시에 피해 차량 탑승자인 피해자 E(50세, 여)에게 약 3주간의 치료를 요하는 경추부 염좌 및 긴장 등의 상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement of the police statement regarding C;

1. E statements;

1. Application of Acts and subordinate statutes to field photographs and written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.