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(영문) 인천지방법원 2014.09.19 2014고정2669
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a two-wheeled vehicle B CA110V.

On April 22, 2014, at around 09:40, the Defendant, at around 09:40, proceeded at a speed of about 30 to 40km in speed among three lanes, from the shooting distance protection area of the citizens center, the Gu road, which was 418, 12-gil, Nam-gu, Incheon. On April 22, 201, the Defendant was at the speed of about 30 to 10km. Since a vehicle and a pedestrian signal, etc. are installed, a driver of the vehicle, who is engaged in driving the vehicle, has a duty of care to check whether there is a person who sing the crosswalk, and to safely drive the crosswalk in line with the signals, and prevent the accident from spreading. Nevertheless, the Defendant neglected to do so, on the right side of the moving direction, the victim C (the 70 years old and late discovered and operated, and the Hand, the left side of the vehicle, but did not go beyond the right side of the Defendant.

Ultimately, the Defendant suffered approximately four weeks of abandonment by occupational negligence, which requires medical treatment from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes, such as a traffic accident actual condition survey report, a traffic accident site initial action report, and a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts, and the selection of fines;

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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