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(영문) 인천지방법원 2013.05.24 2013고정1508
교통사고처리특례법위반
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Defendant shall be punished by a fine of KRW 800,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the driving of the Grandroth.

On February 22, 2013, at around 04:45, the Defendant driven the above van, leading to the intersection of the shooting distance in front of the extreme apartment, Nam-gu, Incheon, Nam-gu, 501, from the middle school of the Gu.

Since a signal, etc. is installed, there is a duty of care to check whether a person engaged in driving of a motor vehicle passes the intersection by checking well the left and right of the motor vehicle, and to prevent the accident in advance by safely proceeding in accordance with the new code.

Nevertheless, the Defendant neglected this and proceeded as it was in violation of the stop signal, and the Defendant did not discover the Esawsaw car driven by the victim D(56 years of age) driving from the left-hand side of the Arts Center in the direction of the Roman to the right-hand 4 km, and received the parts adjacent to the victim's car in front of the Defendant's car.

As a result, the Defendant suffered, by its occupational negligence, the injury of salvines, etc. in need of treatment for about two weeks to the above D, the injury of the victim F (the 43 years old), who is the passenger of the damaged vehicle, such as brain salvins, etc. requiring treatment for about three weeks, and the injury of the victim G (the 51 years old), such as brain salvins, etc. requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Each police statement made to D, G, and F;

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

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

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

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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