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(영문) 인천지방법원 2019.11.22 2019고단7432

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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-Wood vehicle.

On September 1, 2019, at around 12:41, the Defendant got a U-turn to proceed with the three-lane road in front of the Bupyeong-gu Incheon metropolitan apartment, Bupyeong-gu, Incheon, with a one-lane distance from the new village distance to the original shooting distance, at about 10-20 km each hour.

At this point, since the center line of yellow solid lines is installed in a double line, a person engaged in driving service has a duty of care to make a U.S. internship at the permissible point of internship.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the floor by taking the front part of the E-to-land driven by the victim D (Nam, 19 years of age) due to the negligence of an interning the central line.

Ultimately, the Defendant suffered approximately 12 weeks of medical treatment from the victim due to the above occupational negligence. The Defendant suffered from the left-hand majority of the executives in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report and the report on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes, such as accident site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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 of Article 334(1) of the Criminal Procedure Act is that the negligence of the defendant who has invaded the central line and the degree of injury suffered by the victim is serious.

However, considering the fact that the defendant and the victim agreed, the fact that the motor vehicle driven by the defendant is covered by the motor vehicle comprehensive insurance, etc., the sentencing conditions specified in the records of this case, such as the defendant's age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into consideration.