(영문) 인천지방법원 2014.10.10 2014고정2763

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(영문) 인천지방법원 2014.10.10 2014고정2763

교통사고처리특례법위반

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM3 car.

On March 28, 2014, the Defendant driven the said car at around 07:20, and led to a speed of about 5 km from the right side of the jukidon in front of the jukidon in Incheon Gyeyang-gu, Gyeyang-gu, Incheon, to a speed of about 9 km.

Since there is a central line, there was a duty of care to ensure that a person engaged in driving service is thoroughly in the future and safely drive the vehicle in the future.

Nevertheless, the Defendant neglected this and led the Defendant to drive a part of the front side of the Daltob, which was driven by the victim C (year 48) who was driving from the direction of the opposite opposite Madles to the elementary intersection due to the negligence of driving the central line.

As a result, the Defendant suffered approximately four weeks of medical treatment from the above occupational negligence, namely, the cage of a single flat, other than the cage flat, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of the traffic accident occurrence report, diagnosis certificate, on-site photograph Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of fines

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

1. Taking into account the following factors: (a) the victim is responsible for the occurrence of the instant accident even for the victim who driven under influence of alcohol on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order; (b) the Defendant’s vehicle is covered by the comprehensive motor vehicle insurance; and

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