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(영문) 인천지방법원 2019.06.28 2019고정1191
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a Class B V,100 F motorcycle.

On February 2, 2019, the Defendant driven the above motorcycle around 19:15, and continued the intersection of the DNA distance in the front of Michuhol-gu Incheon Metropolitan City to the ebbbanum basin from the ebban basin.

Since there is an intersection where a signal is installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive a motor vehicle according to the traffic signal, such as reducing the speed and checking the right and the right of the road well.

Nevertheless, the Defendant neglected this and received the front part of the Defendant’s motorcycle in front of the Defendant’s motorcycle in front of the FCR1105WH motor bicycle run on the surface of the victim E (the age of 49) (the age of 20) with the trike and the trike in accordance with the Marin 1, 200, by negligence in contravention of the signal, even when the vehicle was stopped

Ultimately, the Defendant suffered from the above occupational negligence that caused the victim’s uncertainty in detail at the bottom of the necessary frame for six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes governing accident site photographs;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in recognizing and opposing the instant crime.

It seems that the victim did not want to punish the defendant, but the defendant's motorcycle is covered by the comprehensive insurance, so substantial damage recovery for the victim is expected to be made.

On the other hand, the defendant committed the crime.

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