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(영문) 인천지방법원 2018.05.23 2018고단1436
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

On February 1, 2018, the Defendant driven the above vehicle at around 08:50, and continued the front side road of the 101 South-gu, Incheon Metropolitan City, with the front side road of the 6 main road of the 101,00,000,000.

Since a crosswalk without signal lights is installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the crosswalk and prevent the accident in advance by safely driving it, while checking the traffic condition of the motor vehicle.

Nevertheless, the Defendant neglected this and did not discover the victim C (V, 68 years old) and the victim D (V, 69 years old) who cross the crosswalk from the right side to the left side in the direction of the Defendant’s proceeding, and received the victims’ body as the part of the front part of the said vehicle.

Defendant 1 suffered injury to the victim C, such as “damage to the return of pelvis,” which requires approximately 12 weeks of medical treatment due to occupational negligence as above, and injury to the victim D, such as “influence of pelvis,” which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. In full view of the circumstances under the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, and other circumstances of sentencing as indicated in the instant records and trial process, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the instant crime, means and method, and circumstances after the crime, etc., the sentence identical to the order shall be determined.

Unfavorable circumstances: the defendant.

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