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(영문) 인천지방법원 2020.12.23 2020고단6710
교통사고처리특례법위반(치상)
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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 the operation of Bsch Rexroth car.

On June 6, 2020, the Defendant driven the said car on June 21, 2021:35, and proceeded at a speed of about 60 kilometers a speed of 80 kilometers a speed of 10 kilometers a speed of 30 kilometers from the 3-lanes from the 3-lanes to the 83-2 distance from the 3-lanes of the Incheon Michuhol-gu.

However, since there was an intersection where a signal, etc. is installed, in such a case, the driver of the motor vehicle has a duty of care to safely drive the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected the above duty of care and caused the victim to use the FOb in the floor due to the shock of the victim E (Nam, 52 years old) who was making a left turn to the left at the D apartment on the road facing the moving direction due to the negligence of the speed of the signal, even though the signal of the moving direction was red, in violation of the signal.

As a result, the Defendant suffered injury, such as pulverization of the executives at the right flusium in need of treatment for about 14 weeks due to the shock of the above accidents.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the occurrence 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) and proviso to Article 3 (2) 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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and other circumstances after the crime.

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