(영문) 인천지방법원 2018.07.12 2018고정1317

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(영문) 인천지방법원 2018.07.12 2018고정1317

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On April 3, 2017, the Defendant driven the above vehicle on April 18:16, 2017, and moved the crosswalk 243 (Training Dong-dong) in order to the right speed from the two-lane toward the south apartment in the direction of the apartment site in the direction of the apartment.

Since this is a place where a crosswalk is installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person driving the motor vehicle, who is in charge of driving the motor vehicle, and to safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and neglected it and led the Defendant to go beyond the floor by shocking the right side of the victim C(40) who crosses the crosswalk from the right side of the vehicle driving direction of the Defendant, to the left side, from the right side of the vehicle driving direction of the Defendant, to the left side of the crosswalk.

Ultimately, the Defendant suffered injury to the victim, such as salt panion, which requires approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols concerning the statement of the police against C, and protocols concerning the examination of suspects of the prosecution against C;

1. The application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, a survey report, a field photo, the ledger of driver's license, a tea-fold, a photograph (30 pages), and a diagnostic certificate;

1. Article 3(1) and the proviso to Article 3(2)6 of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Amended by Act No. 14277, Dec. 2, 2016); Article 268 of the Criminal Act; the selection of fines, and the selection of fines.

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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