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(영문) 인천지방법원 2015.03.27 2015고정49
교통사고처리특례법위반
Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of BCA110V.

On May 1, 2014, the Defendant driven the above vehicle at a speed of 20-30 km from the direction of the city-dong-gu, Namdong-gu, Incheon to drive the said vehicle at a speed of 20-30 km in the direction of the shooting distance of the Namdong-gu, Incheon.

At that time, a person engaged in driving service has a duty of care to properly operate the steering wheel and brake system and to safely proceed by adjusting the speed in advance.

Nevertheless, by negligence, the defendant neglected this and brought the bicycle right side part driven by the victim C (9 years of age, female) driving in the direction of the respondent's vehicle into the left side of the moving direction of the vehicle.

As a result, the Defendant suffered injury to the victim, such as other optical boness, fellle, felinites, etc., in need of medical treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a report on the actual condition of the accident, an accident scene, photographs of progress direction

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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

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