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(영문) 인천지방법원 2016.02.05 2015고정2819
교통사고처리특례법위반
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 of the CM5 vehicle.

On June 26, 2015, the Defendant driven the above car at around 13:40, and driven the road of the two-lanes of the E in front of the Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, along one-lane distance from the distance of the autopsy.

Since there is an intersection where a signal apparatus is installed, in such a case, the defendant engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, the Defendant neglected this and continued to proceed in front of the above vehicle while the signal is changed to the stop signal of the vehicle, and received a part of the victim F (16 years old) who passed the crosswalk and temporary stop line from the right side to the left side of the bicycle.

As a result, the Defendant suffered injury to salt and tension in the right neck part, which requires approximately two weeks of treatment, from the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. The legal statement of the witness H in part;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents 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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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