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(영문) 인천지방법원 2017.09.13 2017고단3479
교통사고처리특례법위반(치상)등
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 of a car in B SP area.

On April 11, 2017, the Defendant driven the foregoing vehicle that was not covered by the mandatory insurance of a motor vehicle at around 08:30 on April 11, 2017, and led the front of the heat consolidation power plant located in the Incheon Jung-gu Airport Dong, Jung-gu, Incheon, to the direction of the heat combined distance from the direction of Incheon.

At the time, the defendant was at the front of the running direction of C(the age of 24) driving, and the F rocketing car of E driving was at stop for the signal waiting, so the driver of the vehicle had a duty of care to look at the front line and accurately manipulate the brake system to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and negligently got back the part of the victim C Driving in front of the string vehicle on the part of the victim C Driving, and the victim C Driving's flaved vehicle was pushed back to the shock, and the victim C Driving got back the parts of the string vehicle on the part of the victim E Driving.

Ultimately, the Defendant, by occupational negligence, destroyed the above rocketing vehicles owned by the victim H to the extent of KRW 4,975,738,000,000 for repair costs, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A survey report on actual conditions;

1. Each tea inquiry (in accordance with 29, 35 pages of investigation records), and mandatory insurance (in accordance with 26 pages of investigation records);

1. Application of the Acts and subordinate statutes of each and written estimates;

1. Article 151 of the Road Traffic Act (a point of damage caused by occupational negligence) concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (a point of operating a non-mandatory motor vehicle) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for a violation of the Road Traffic Act among the crimes of violating each Road Traffic Act, and the punishment for a violation of the Road Traffic Act against G with a more serious criminal situation);

1. Selection of each sentence and each fine;

1. Aggravation concurrent crimes;

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