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(영문) 인천지방법원 2018.04.27 2018고정786
교통사고처리특례법위반(치상)
Text

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

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 Clearning car.

On December 9, 2017, the Defendant driven the above vehicle around 16:55 on December 16, 2017, and proceeded along the five-lane road in front of the operation station in 73 as the Gyeyang Gyeyang-gu Incheon, along the first lane from the side of the side of the parallel to the intersection of the light of the police, and continued straightly after the signal waiting.

Since there was an intersection where signal lights are installed at the front of that place, in such a case, there was a duty of care to safely drive in accordance with the signals by reducing the speed and keeping the right and the right on the front side.

Nevertheless, the Defendant neglected this and caused the injured party to go beyond the road by taking the front part of the Defendant’s vehicle in front of the damaged part of the E-to-face driven by the victim D(19 aged) (the 19) who is driving in direct way in contravention of the signal from the left part of the Defendant’s running direction to the horse.

Accordingly, the Defendant, by occupational negligence, inflicted injury on the victim, such as “finites and tensions,” which requires approximately two weeks of medical treatment, and suffered injury on the victim F (73 tax) who was accompanied by the Defendant’s vehicle, including “two-day open wound,” which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident;

1. Various photographs (on-site and vehicles);

1. Statement made with D;

1. A report on investigation (a CCTV analysis conducted to cross-section the scene of an accident);

1. Application of Acts and subordinate statutes (F) and written diagnosis (D);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to paragraph (2) 1 of the same Article concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. An accident that occurred while driving in violation of the reason signals for sentencing of Article 334(1) of the Criminal Procedure Act, in the order of provisional payment.

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