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(영문) 인천지방법원 2015.07.10 2015고정1870
교통사고처리특례법위반
Text

1. The defendant shall be punished by a fine of 500,000 won;

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

Reasons

Punishment of the crime

The defendant is a person who drives a village bus in C.

On May 13, 2015, the Defendant driven the above vehicle around 18:20, and proceeded at a speed of about 60km in the speed of 20km, depending on the two lanes, toward the road of three lanes in front of the Seo-gu Incheon, Seo-gu, Incheon.

At all times, there is an intersection where signal lights are installed.

In such cases, the duty of care is to confirm whether a person engaged in driving of a motor vehicle has a motor vehicle traveling along the intersection by reducing speed and checking well the direction of the road, and to prevent the accident in advance by driving safely according to the traffic signal.

Nevertheless, the defendant neglected this and continues to proceed at the same speed in violation of the signal while the signal is changed to a stop signal.

From the right side of the proceeding to the left side of the vehicle driving by the victim E(77 years of age) who is driving by the victim E(77 years of age) on the left side of the cargo vehicle, the defendant shocked into the front part of the vehicle driving.

As a result, the Defendant suffered from occupational negligence the injury to the victim, such as salt ties and tensions, which requires approximately two weeks of treatment, and the injury to the village bus passengers G (24 years of age, women) such as dynasium and tensions that require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning E, and a written G statement;

1. Each written diagnosis of E and G:

1. Application of the statutes governing the actual condition of traffic accidents;

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

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

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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