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(영문) 인천지방법원 부천지원 2018.07.05 2018고정336
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 Oralba.

On December 27, 2017, the Defendant driven the above Obaon on and around 20:50 on December 27, 2017, driving the front of the D-do road along the direction from the right side of the sub-popic terminal to the right side of the road, and there is a place where the center line of the yellow solid lines is installed, and thus, the Defendant had a duty of care to live the front bank well and to use the right side of the central line.

Nevertheless, the Defendant neglected this and got the front part of the victim E(48 tax) driving that was driven on the opposite lane due to the negligence of the f.o.b. in order to leave the opposite lane to the commercial building located on the opposite lane, and caused the damaged person to go beyond the road.

As a result, the Defendant suffered injury to the victim, such as the closed luminous bones, flavor, and flavating flava, which require approximately six weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on investigation (verification of black-sized vehicles and CCTV images at the scene of an accident);

1. A survey report on actual conditions and a detailed report;

1. Written reply to an appraisal;

1. A medical certificate;

1. Application of related Acts and subordinate statutes to photographs;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning 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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The defendant invadeds the central line and caused the instant traffic accident. The defendant is responsible for the traffic accident; the victim's injury is serious; circumstances favorable to the fact that it is not agreed with the victim: Recognizing the mistake and reflect; there is no record of punishment for the same crime; records and changes, such as the defendant's age, motive and background of the crime; means of the crime; and circumstances after the crime.

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