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(영문) 인천지방법원 2013.12.13 2013고정4283
교통사고처리특례법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B kniff vehicles.

1. Around 15:00 on February 5, 2013, the Defendant operated a section of approximately 500 meters for the foregoing vehicle, which was not covered by mandatory insurance, from the distance of inspection team to the front road of the 15:0 meters Incheon Seo-gu, Seo-gu, Seo-gu, Incheon.

2. The Defendant driven the foregoing vehicle at the time and time indicated in the foregoing paragraph 1., and changed the two-lane way in front of the Marine Corps, Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, to two-lanes in the direction of the Marine Corps in the direction of the autopsy distance, depending on the one-lane in the direction of the autopsy distance.

When the driver changes the vehicle line, he had a duty of care to change the vehicle line by operating the direction direction, etc., giving prior notice of the change of course, and taking into account the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected this and received the two-lanes in front of the left side of the vehicle where the victim C (the 28-year-old, South) driven by the victim C (the 28-year-old, South) in the same side by the negligence of changing the course into the two-lanes.

As a result, the Defendant suffered physical damage equivalent to KRW 959,589,589 of the estimated repair cost due to the above occupational negligence, and the victim suffered bodily injury, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions and a map of each field map;

1. Written statement (3-3 20 pages of investigation records), each mandatory insurance bureau (3-3 21, 22 pages of investigation records), estimates, and medical certificates;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the same Act concerning criminal facts;

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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