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(영문) 인천지방법원 2021.03.31 2021고정196
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a vehicle for the use of SM3.

On July 29, 2020, the Defendant driven a car at around 17:40, and driven the three-lane of the “Saim-gu Incheon Metropolitan City, Bupyeong-gu, Incheon Metropolitan City,” along the two-lanes from D to Et parking lot.

Since a crosswalk without signal, etc. has been installed at each place, the defendant had a duty of care to safely drive and prevent the accident in advance, after checking whether he/she has a person to wear the crosswalk by reducing speed and by checking well his/her right and right.

Nevertheless, the Defendant neglected this and proceeded on the right side of the proceeding direction, followed the body of the victim F(52) to be cut off on the road by the Defendant’s driving vehicle’s top whiteer and even door.

Defendant 2 suffered injury, such as catum catums and tensions, which require approximately two weeks of treatment by occupational negligence as above.

Summary of Evidence

1. The defendant's partial statement

1. A statement prepared by the F;

1. A traffic accident report;

1. Diagnosis letter, investigation report (Attachment of a stop CD) and CD reproduction result (the result of the examination of evidence, including Defendant’s vehicle box image and CCTV image reproduction result installed on the road at the time of the accident, it is deemed that the injured party erred by failing to walk the crosswalk while driving on the crosswalk. However, if the Defendant, while driving on the crosswalk at the intersection, was able to reduce a sufficient speed and prevent the Defendant from driving on the road if he/she fulfilled his/her duty to walk on the crosswalk.)

Application of Statutes

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, concerning criminal facts, (i) the vehicle driven by the defendant was covered by the comprehensive motor vehicle insurance, (ii) the vehicle driven by the defendant was covered by the comprehensive motor vehicle insurance, (iii) the defendant was an unpowered first offender

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