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(영문) 인천지방법원 2019.06.21 2019고단2785

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 car with K3 p.m.

On April 7, 2019, the defendant operated the above car on April 7, 2019, and proceeded to turn to the left from the ethrode of the Asia-gu, Incheon.

Since there is a long distance intersection where signal lights are installed, there was a duty of care to check the traffic situation of the surrounding area by checking well the right and the right of the driver of the vehicle, and to safely drive the vehicle and prevent accidents in advance.

Nevertheless, the Defendant neglected this and neglected to turn to the left in violation of the signal, and caused the victim E (the aged 52) who driven the DDama-ray truck on the left side in accordance with the progress signal by driving the DDama-ray truck from the off of the Madow distance to the off of the off of the offline, and operated the steering gear rapidly to avoid the car of the Defendant driving, thereby getting the front part of the Gama truck of the victim F (the age 67) driving that was straight along the three-lane in the same direction to the left part.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim E, such as pulmonary dynasium, which requires approximately 12 weeks of treatment, and the injury to the victim He (the 11 years of age), who is the fynasty of the cargo vehicle, for about 4 weeks of treatment, and the injury to the victim F, such as acute dynasium, which requires approximately 3 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A written diagnosis of victims;

1. The application of Acts and subordinate statutes of the TSA to a report on the occurrence of a traffic accident, on-site photographs of the traffic accident, and on-site survey report;

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

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

1. Selection of an alternative fine for punishment;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.