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(영문) 인천지방법원 2019.06.20 2019고단2171
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On September 15, 2018, the Defendant, at around 20:00, proceeded with the front road of Michuhol-gu Incheon Metropolitan City, Incheon Metropolitan apartment, at the shooting distance of the daily market from the live area of drawing ICT, the two lanes of the two lanes, which are about 60km each hour, depending on the two lanes.

At the time of night and there was delivery on both sides of the road, so in such a case, there was a duty of care to look at the front side and the right and the right and the right and the right and the right and the right of the driver, and to accurately manipulate the steering gear and prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not discover the victim D(62 years of age) who was moving on the right side from the left side of the running direction of the Defendant’s driver’s car by negligence, and did not discover the victim D(62 years of age). As such, the Defendant got the victim into the front part of the above vehicle and got the victim into the road after facing head on the Defendant’s vehicle.

As a result, the Defendant caused danger to life by leaving the victim in a state of unknown consciousness due to occupational negligence as seen above, or caused serious injury, such as causing a fatal or incurable disease.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. On-site and vehicle photographs, traffic accident actual condition survey reports, and photographs by capturing strings of fluor vehicles;

1. Application of Acts and subordinate statutes to a statement of intention and report on investigation (verification of the current status of a victim);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines concerning facts constituting an offense;

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

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act that is disadvantageous to the defendant: since the victim is in an unidentified state due to the defendant's negligence, the liability for the crime is not somewhat weak.

The favorable circumstances: The crime is recognized, and it is against it.

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