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(영문) 인천지방법원 2018.01.31 2017고단1609
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment without prison labor for four months.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a benz car.

On December 19, 2016, around 15:16, the Defendant proceeded at a speed that is one-lane prior to the “D” located in Jung-gu Incheon Metropolitan City, Jung-gu, with the view to the development institute of human resources from the irrigation basin.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service is obliged to thoroughly operate the front line and safely operate the tea.

Nevertheless, the Defendant neglected this and neglected the operation of the steering gear on the front side and caused the damage to the back part of the Franzed passenger vehicle, which was driven by the driver E (W, 52 years old) which was driven by the driver due to the failure of the central line in the operation of the steering gear on the front side.

Ultimately, the Defendant caused injury to the victim, such as overfinite finite finite finites of the No. 4,542,629, which requires the victim's treatment for about four weeks due to the above occupational negligence, and at the same time damaged the victim's free-to-land in an amount equivalent to KRW 8,452,629, which is the sum of repair costs, such as the replacement

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. A survey report on actual conditions;

1. A copy of a written estimate attached thereto, such as a report on confirmation of the offense committed in the central line and a written estimate attached thereto;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning the traffic of roads;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a punishment provided for in the provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents, the punishment of which is heavier than that of each of the above crimes);

1. The Defendant has no criminal history of the same kind of crime, and the perpetrator is liable for liability insurance.

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