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(영문) 인천지방법원 2016.07.22 2016고정1707
교통사고처리특례법위반
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 engaging in driving a car at CV.

On April 19, 2016, the Defendant driven the above car on April 10:30, and affected the road front of the 716 main infrastructure in the direction of the main stream from the new shopping room to the boundary of the main stream in the Nam-gu Incheon, Nam-gu, Incheon. In such cases, the Defendant was at a crosswalk where a signal, etc. is installed, and thus, the person engaged in driving service has a duty of care to check whether there is a person who has a road, and to drive the road safely according to the traffic signals.

Nevertheless, the defendant neglected this and proceeded as it is while driving the vehicle stop signal, and the part of the victim D (the 72 years old) who dried the crosswalk from the right side to the left side of the road, was put into the front side of the vehicle.

In the end, the defendant at the above occupational negligence suffered injury to the victim, such as the elbow elbow straw, which requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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