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(영문) 인천지방법원 2018.05.24 2018고정914
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On October 6, 2017, at around 17:40, the Defendant stopped on the two-lanes of the road in front of the Nam-gu Incheon Metropolitan City C from the direction of sublime distance, and stopped on the two-lanes, and opened the door of the driver’s seat.

In such cases, the defendant engaged in driving of a motor vehicle has a duty of care to confirm the driving of the motor vehicle on the side of the door of the motor vehicle and to open a safe door to prevent the accident in advance.

Nevertheless, the defendant neglected this and opened the door of the driver's seat in a two-lane, and the victim D (24 tax) who driven by the defendant was trying to avoid collision and exceeded the floor level.

As a result, the Defendant suffered from the above occupational negligence the injury of the victim in detail at the bottom of the left-hand aggregate in need of treatment for about six weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of D;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a survey report on actual condition, an accident scene road, and a medical certificate;

1. On April 25, 2018, the pertinent Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(1) of the Act on Special Cases Concerning the Selection of Punishment, Article 268 of the Criminal Act, and Article 268 of the Criminal Act, and the Defendant who choose a fine submitted a large-scale written and written agreement to the court. However, examining the text of the agreement, it is merely an agreement related to civil damages and it includes the intent that the victim does not want

shall not be deemed to exist.

In addition, the victim is investigated by the police on October 11, 2017 and does not want punishment if the agreement is reached smoothly.

Although there is a statement "(Evidence No. 16 of the evidence record)", the victim expressed his wish not to punish or withdraw his wishing to punish for a crime of non-violation of punishment.

In order to recognize the damage.

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