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(영문) 인천지방법원 2017.08.16 2017고단1479
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a passenger car in the second order.

On December 21, 2016, the Defendant driven the above car at around 23:02, and proceeded to turn to the left from the 5th apartment at the front of the Dong community service center in Yeonsu-gu Incheon, Yeonsu-gu, Incheon to the left from the 82-ro.

Since a crosswalk on which a signal, etc. is installed, he has a duty of care to check whether a person engaged in driving of a motor vehicle has a way to check the right and the right and the right of the motor vehicle, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and proceeded as it was in violation of the stop signal, and found the victim C(46 tax) who gets a road from the left side of the direction of the proceeding to the right side of the pedestrian crossing in accordance with the pedestrian proceeding signals, and operated the road rapidly, but did not avoid it, and was placed the victim in front of the passenger car of the Defendant.

Ultimately, the Defendant suffered bridges and other bridges, which require approximately two weeks of medical treatment to the victim in the above occupational course and room.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven a car in the above Do without obtaining a driver’s license at the time as specified in paragraph 1, and proceeded with approximately 100 meters from the front of the fifth apartment road in Yeonsu-gu, Incheon, Yeonsu-gu, Incheon to the place of the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. The driver's license ledger;

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

1. Relevant Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Special Cases Concerning the Selection of Punishment, Article 3(2)6 and 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and dental occupation), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the occupation of driving without a license and the selection of fines).

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