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(영문) 인천지방법원 부천지원 2020.01.30 2019고정848

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of five 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 engaged in driving B rocketing and other automobiles.

On January 4, 2019, the Defendant driven the above vehicle at around 12:00, and proceeded with the road without the front lane C in the city of Kimpo-si at the direction of the Dong-dong to the Eup side of both villages at about 10km in speed.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of due care to prevent accidents in advance by driving the motor vehicle in a safe manner.

Nevertheless, the defendant neglected to do so and proceeds back as it is.

The E Launa vehicle driven by the victim D(54 years old) was rapidly driven by the victim D(54 years old) and was rapidly driven, but the U.S. did not avoid it, and the part concerning the back of the Defendant's driving vehicle did not conflict with the other part of the damaged vehicle.

As a result, the Defendant suffered injury, such as salt, tension, etc., in need of treatment for about two weeks by negligence in the above business.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without a driver’s license, driven the B car volume at approximately 1 km from the front of the F apartment at the time of the temporary Kimpo-si to the front of the G Building at the time of Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report, traffic accident report, and application of the Acts and subordinate statutes governing the motor vehicle driving license balance;

1. Article 3 (1) and the proviso of Article 3 (2) and (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.