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(영문) 인천지방법원 2018.02.19 2017고단8207
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 math truck.

On October 2, 2017, the defendant driving the above vehicle at around 14:07, and driving the above vehicle at around 14:07, and driving the two lanes in front of E in Gyeyang-gu Incheon Metropolitan City D along one-lanes from the calculation station in the modern inland distance.

At all times, the sign of the non-protective left-hand turn and the vehicle signal are installed along with the front left-hand side. Since the crosswalk is installed on the left-hand side, the driver of the motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering gear and brakes and safely operating them in accordance with the new code.

Nevertheless, the Defendant neglected this and instead received the victim F (70 years old) who walked along the crosswalk on the right side by the left side due to the negligence of left-hand turn while the signal, etc. of the front side is red, while the Defendant failed to look well at the right side of the above vehicle.

Ultimately, the Defendant suffered injury to the victim, such as mination of 12 weeks on the left-hand side, which requires approximately 12 weeks medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1 and 6, Article 268 of the Criminal Act concerning criminal facts, and Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was negligent in driving a motor vehicle in violation of the stop signal, thereby neglecting the duty to turn to the left at the right and right while driving the motor vehicle, and caused the victim walking the crosswalk without signal apparatus to suffer injury.

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