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(영문) 인천지방법원 2018.11.16 2018고정2128
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 1,000,000.

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 driving a Crane car.

On May 30, 2018, the Defendant driven the above vehicle at a speed of 95 km from the back of the back of the route to the end of the 5 km road of the city of Yeonsu-gu, Incheon. On May 30, 2018, the Defendant driven the above vehicle at the speed of 16:30,000, and driven the front 5-lane road at the speed of 95 km.

Since the restriction speed is 60 km per hour, the defendant engaged in driving of the motor vehicle has a duty of care to observe the vehicle line and the limitation speed and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected this while driving at a speed exceeding 35 km per hour, and received the back portion of the victim D(43 cc) Track Track Track Track Track Hack Hack Hack Hack Hack Hack, which changed from the left side of the same moving direction to the right side.

Ultimately, the Defendant suffered from the above occupational negligence, thereby causing damage to the above victim in the two strings of unknown scams without any address in the two 2 weeks open for the treatment of approximately 2 weeks, and to the victim F (F) who is the passenger of the Track-gu car, about 2 weeks of light scams and tensions requiring approximately 40 weeks of treatment, and to the victim D (W), brain scams without any head open in need of treatment for about 2 weeks of treatment.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Each medical certificate (52,53,54 pages of investigation records);

1. Application of the statutes on traffic accident analysis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is 30km per hour on the road where the speed of 60km is restricted.

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