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(영문) 인천지방법원 2018.03.28 2017고단8770

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of operating tourist buses B.

On October 8, 2017, the Defendant driven the above vehicle on around 04:50, and parked one-lane road on the side side of the side parking line of the road in Gyeyang-gu Incheon, Gyeyang-gu (Danam-dong 5-7) while driving the above vehicle on around 04:50, and driving it on the opposite direction.

Since there is a center line of yellow solid lines at the center of the road, there is a duty of care to ensure that the driver of the vehicle should not exceed the center line in good faith.

Nevertheless, the upper part of the Darbured vehicle driven by the victim C(58 tax) who was going beyond the center line in the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the school was shocked by the front part of the vehicle under the right side of the vehicle under consideration.

After all, the defendant suffered injury, such as she was unable to know the number of days of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

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

1. A medical certificate;

1. Application of Acts and subordinate statutes to various photographs and investigation reports (on-site investigations and statements, etc. by related persons);

1. Relevant legal provisions and Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Crime, 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. The crime of this case with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is a case where the defendant spawn in excess of the central line and sustained injury to the victim by shocking the victim's vehicle. The crime of this case seems to be an unfavorable condition against the defendant, such as the fact that the victim suffered serious injury due to the traffic accident of this case.

On the other hand, the fact that the defendant recognizes the crime of this case and reflects the mistake, and is subject to criminal punishment for the same crime before.