logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2021.01.15 2020고정109
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 12, 2019, the Defendant driven a car with the horse bill B around 23:42 on December 23:42, 2019, and led D’s front road in the Nowon-gu Seoul Special Metropolitan City, Seocheon-si, to a serious high-priced one.

A person engaged in driving of a motor vehicle shall not drive the motor vehicle at a speed or in a manner that may cause any danger and injury to others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to prevent accidents by driving the motor vehicle safely by checking the traffic conditions on the right and right side and right side accurately.

Nevertheless, Defendant E (30 h, South) who crosses a road adjacent to a crosswalk on the right side of the crosswalk on the right side of the road in the direction of the proceeding due to negligence that has been driven by neglecting the duty of care as above while neglecting the above duty of care, was shocked toward the right side of the vehicle under the direction of the proceeding.

After all, the Defendant suffered injury to a pedestrian victim, who was a pedestrian due to the above occupational negligence, such as a rush in two open areas requiring approximately eight weeks medical treatment.

Summary of Evidence

1. The application of laws and subordinate statutes to the defendant's legal statement, such as a traffic accident report, a traffic accident investigation report, a field map, a driver's license register of vehicles and photographs, and a next inspection report (CCTV reading investigation, etc.);

1. The relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, the selection of fines (the crime of this case is a serious injury to a victim who suffers from occupational negligence) and the selection of fines (the crime of this case is deemed to have inflicted serious injury upon the victim who suffers from heavy injury after drinking, and the crime is not highly likely to be committed in light of the number of crimes

Although the Defendant was sentenced to a fine of KRW 2.5 million for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2019, the Defendant again committed the instant crime and thus, the risk of recidivism is high.

In addition, the defendant's vehicle is covered only by liability insurance, and the damage is recovered.

arrow