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(영문) 인천지방법원 2015.09.04 2015고정2466
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 half-tech car.

On 05, 01:20 on 06. 05. 01:0, the Defendant driven the said vehicle at a speed of 40 kilometers a speed of 40 kilometers a speed in the direction of the mountain distance by driving the said vehicle at the intersection of the Incheon Literature School located in Bupyeong-gu, Incheon Metropolitan City, 255-ro.

In such cases, there is a duty of care to check whether or not a cross-road exists by slowly or temporarily stopping, since the red control is an intersection where traffic control is performed due to the operation of red control in the direction of progress.

Nevertheless, the Defendant neglected this to enter the intersection as it is and entered the intersection, and the victim C was driven by the victim C, who entered the same intersection on the left-hand side of the running direction of the said vehicle, in accordance with the yellow light signals, and then received the right side of the DN-si vehicle and the lower part as the front side of the vehicle of the Defendant.

Ultimately, the Defendant, due to the above occupational negligence, inflicted an injury upon E (33 years old) who took advantage of the back seat of the damaged vehicle for about two weeks, such as the crypumum base, and inflicted an injury upon F (25 years old) who took advantage of the crypumumum, requiring approximately two weeks of treatment, such as the crypumumumumum base, and damaged the damaged vehicle to cover KRW 11,663,978 of the repairing cost.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. A written statement;

1. The actual survey report on traffic accidents;

1. Photographs of the accident site;

1. A vehicle repair estimate;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents, Article 268 of the Criminal Act and Article 151 of the Road Traffic Act concerning the facts constituting the crime; and

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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