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(영문) 인천지방법원 부천지원 2021.01.13 2020고단3781
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

On May 30, 2020, the Defendant driven the above vehicle at around 13:15, and driven the above vehicle at a speed of about 86 km in the speed of two lanes, one of the three-lanes in the width of the ambro-distance, which opened the high-speed road to the 6-lane intersection in the city of Kimpo-dong Kimpo-dong, Kimpo-dong, Kim Jong-si.

Since the restriction speed is 60 km per hour, in such a case, there was a duty of care to prevent accidents in advance by complying with the restricted speed and safely driving by checking the traffic situation of the vehicle driver.

Nevertheless, the Defendant neglected this, while driving a three-lane due to the negligence of driving at a speed exceeding 26 km per hour, while changing the two-lanes, the Defendant shocked the front part of the victim C(58) driving on the two-lanes into the front part of the Defendant’s vehicle.

Defendant 1 suffered injury due to the above occupational negligence, such as a 12-day depression depression, which requires the victim to receive approximately 12 weeks medical treatment.

Summary of Evidence

1. A written statement of the defendant C in court;

1. Application of the Acts and subordinate statutes of 4 copies (C) of a traffic accident inspection report, report on the occurrence of a traffic accident, photographs, kniff photograph of a car, photograph of a kniff vehicle, photograph of a kniff vehicle, photograph of a kniff vehicle to a response to a request for appraisal, traffic accident analysis

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: Imprisonment with prison labor of 20 million won or less;

2. Determination of sentence: A fine of KRW 5 million is imposed on a victim who has driven a bicycle in excess of the speed limit while driving the bicycle, and the victim's degree of injury is not minor, and the responsibility is not minor.

(b).

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