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(영문) 인천지방법원 2019.03.14 2018고정2812

교통사고처리특례법위반(치상)

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

On September 14, 2018, the Defendant driven the above vehicle at around 08:00, and led the road of one-lane distance from the front of the Yeonsu-gu Incheon Metropolitan City C Apartment to the C Apartment.

At this point, the driver had a duty of care to safely drive the driver according to the name of the person who is engaged in driving as a signal, etc. is installed.

Nevertheless, the Defendant neglected this and neglected to take the side part of the Felto car driven by the victim E (hereinafter referred to as 47 years old) driving the three-lane from the left side of the moving direction to the right side by disregarding and proceeding the vehicle driving signal even though it was a stop signal, and the victim G (hereinafter referred to as 50 years old) driving the two-lane in the same direction as the above damaged vehicle was pushed ahead by the victim G (hereinafter referred to as 50 years old) driving the two-lane in the same direction.

Ultimately, the Defendant suffered injury to the victim E, such as salt, tensions, etc. in need of approximately two weeks of treatment by occupational negligence as above, and injury to the victim G, such as the good-time care for about three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Statement of the occurrence of E traffic accident;

1. Application of each medical certificate, report on the occurrence of a traffic accident, report on a traffic accident, and Acts and subordinate statutes governing the scene of an accident;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts, and the choice of fines

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is part of the developments leading to the occurrence of the instant traffic accident.