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(영문) 인천지방법원 2017.01.23 2016고단7910
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 BP car.

On October 02, 2016, around 21:30 on October 2, 2016, the Defendant, as the Seo-gu Incheon, had the front intersection of the original 2 teachers from the lower west of the Cheongdoro to about 50km in the speed of Cheongdo-5 in the direction of the Cheongdo-ro.

At the time, there was a duty of care to drive a motor vehicle in accordance with the person who is engaged in driving of the motor vehicle due to the reason that the traffic control was carried out by night and the signal was installed.

Nevertheless, the Defendant neglected this and proceeded as it was, while disregarding that the ongoing signal of the vehicle was changed to a stop signal, the Defendant received the fronter of the DNA bus vehicle of the Defendant driving D in green signals in the direction of two-lanes in the front right-hand park in the direction of the direction of the proceeding, from the fronter of the vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim E (V, 46 years of age) who was on the top of the Defendant’s vehicle lighting due to the foregoing occupational negligence, in need of approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. E statements;

1. A survey report on actual conditions;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment Order is that the Defendant, while driving a motor vehicle in violation of the signal signal while driving the motor vehicle, led to the instant crime committed by the victim accompanying the Defendant’s vehicle by shocking the bus entering the said intersection in accordance with the new subparagraph and causing injury to the Defendant, and the degree of damage to the victim, etc., although the crime is not less complicated, the Defendant did not have the same criminal history, and the motor vehicle is at night when there was a large number of rain.

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