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(영문) 인천지방법원 부천지원 2019.08.13 2019고정461
교통사고처리특례법위반(치상)
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

The Defendant is a person who is engaged in the operation of B Costa Kacom.

At around 05:40 on November 27, 2018, the Defendant driven the above vehicle and got to turn to the left at the face of the front of the literature and art distance in front of the 243-ro, Seocheon-si, by straight speed.

Since there is a signal, there was a duty of care to prevent accidents in advance, such as setting a person engaged in driving of a motor vehicle safely in accordance with the name of the person who is engaged in driving of the motor vehicle, and setting the front door and left door well, and operating the steering wheel, steering wheel and brake system accurately.

Nevertheless, the Defendant did not stop because of occupational negligence in violation of the signal prior to passing the stop line, and was driven by the victim D (the aged 52) who was directly in violation of the red signal at the seat of the Central Park from the seat of the C Hospital located at the time, to the seat of the Central Park, in violation of the signal to the red signal, and got the victim to go beyond the front part of the above CA110V Matoba, which was driven by the victim D (the aged 52).

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, and the victim suffered injury, such as blood transfusion, which requires approximately three months medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. A medical certificate;

1. The actual condition survey report, photographs of the scene of accident, and CCTV-cape photographs of the traffic control center;

1. Application of Acts and subordinate statutes to a written request for appraisal;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order reflects the defendant's wrong, and is the primary offender, and the contents of the violation of the duty of care in this case.

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