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(영문) 인천지방법원 2014.05.21 2014고단1701
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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 of Category C cargo vehicles.

On November 22, 2013, the Defendant driving the above cargo vehicle around 19:32, and made the left turn to the left at a speed of about 20 km at a speed of about 10 km at the speed of about 5 km from the 1318-5 east-dong, Nam-gu, Incheon Metropolitan City to the 1318-5 east-do.

Since there is a place where the center line of yellow-ray is installed, in such a case, there was a duty of care to thoroughly see the front line for a person engaged in driving of a motor vehicle, and to prevent accidents in advance by safely driving by observing the center line.

Nevertheless, the defendant neglected this and got the front part of the victim D(18 years old) E in the direction of the driver's vehicle in front of the driving vehicle of the defendant, who was on the right right side of the driver's vehicle of the driver's vehicle of the victim D(18 years old), who was on the right side of the driver's vehicle of the driver's vehicle of the defendant.

Ultimately, the Defendant suffered injury to the said D, which requires treatment for at least six months, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Reports of each traffic accident, photographs of the scene of the accident, vehicle photographs, ctv video photographs;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, the selection of fines (the fact that there is a conflict of interest, an agreement with the victim, and the degree of negligence between the defendant and the victim in the occurrence

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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