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(영문) 인천지방법원 2014.04.11 2014고정1023
교통사고처리특례법위반등
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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a driver car in B.

On August 2, 2013, at around 12:10, the Defendant driven ahead of the 592-2 No. 592-2, Nam-gu Incheon, Incheon, along one lane in the direction of the main station from the direction of the shot distance, and stopped along the signal atmosphere.

When stopping in the signal atmosphere, there is an occupational obligation to accurately operate the brakes so that the vehicles do not go behind or in the future.

Nevertheless, due to the negligence of the defendant's failure to stop, the defendant's vehicle was pushed behind, and the victim's vehicle stopped subsequent to the same vehicle line, which led to a collision with the front part of the defendant's vehicle behind the driver's vehicle.

Ultimately, the Defendant sustained injury to the victim, who is a driver of the said rocketing car due to the above occupational negligence, due to the “cerebral chlostosis, spathum spathum, and spathum spathum.”

2. Around August 12, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) and driven a 1 km distance from around the road in the vicinity of the junan-dong, Nam-gu, Incheon, Nam-gu, Incheon, to the places indicated in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C victim statement;

1. Registers of driver's licenses;

1. Photographs of the damaged vehicle;

1. Application of the relevant Acts and subordinate statutes to estimates or written diagnosis to C;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act, and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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