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(영문) 인천지방법원 2017.01.19 2016고정3519
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 1,000,000.

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 CCA110B Oba.

On October 18:55, 2016, the Defendant driven the off-road 18:18:55 on October 2016, and led the Defendant to drive the off-road 38-day road in the Dong-gu Incheon Metropolitan City, Dong-gu, Incheon to drive the off-road 4-lane between the four-lane 10 to 15km.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph, after checking whether there is a person who will cut the way by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and received the front wheels of the victim D (58) who walkes the crosswalk in accordance with the crosswalk signals from the right side of the direction of the proceeding to the right side of the road by negligence in violation of the signal.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the franchising of the franchisium, damage to the franchisium and power lines, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of field photographs and CCTV-fagic Acts and subordinate statutes;

1. Relevant legal provisions of the relevant criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act, Article 268 of the Criminal Act, and 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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