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(영문) 인천지방법원 부천지원 2021.03.19 2020고단5158
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 15, 2020, the Defendant driving a Bco or taxi around 09:50, and driving a two-lane road in front of Kimpo-si in front of Kimpo-si along the two-lanes from the intersection to the two-lanes. On September 15, 2020, the Defendant came into the front distance.

Since there is an intersection where a signal, etc. is installed, in such cases, the driver of the motor vehicle has a duty of care to check whether there is a motor vehicle traveling along the intersection by reducing the speed and checking well the front side of the motor vehicle, and to prevent the accident in advance by driving safely in accordance with the traffic signals.

Nevertheless, the Defendant neglected such duty of care and failed to enter the intersection due to the negligence of entering the intersection due to the failure of the head of the stop, and due to the reinforcement of the inside of the mast and the level of 58 years old, the Defendant did not avoid the Efranion car of the victim D (in South, 58 years old) and received the front part of the victim D driving in front of the victim's nose or the taxi.

In the end, the Defendant suffered, from occupational negligence, the victim F, who is the victim F, who is the victim of cat or taxi (the victim of 73 years of age), about 32 weeks of treatment, from injury to the victim D, such as catum, fat, etc. in need of approximately 2 weeks of treatment.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's legal statement D of the police interrogation protocol, written statement of the G, a traffic accident report, report on the occurrence of a traffic accident, the records of the accident, the inspection of the scene of the accident, the inspection of the scene of the accident, the statement of opinion, and the statement of intent of serious injury (F) to the defendant;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (the point of injury caused by occupational negligence);

1. According to Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the punishment stipulated in the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims F with a more severe penalty).

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