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(영문) 인천지방법원 2013.05.24 2013고정28
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a DNA-learning car.

On September 16, 2012, the Defendant was driving the said car as a business around 23:37, and was driving the said car, leading to the intersection of the two-lanes in front of the industrial distribution center 2 and three-lanes in the Cream dong-gu Incheon Metropolitan City, to the direction of the etrad from the modern steel page, the Defendant was driving the car at a speed of about 40km per hour.

Since a vehicle signal, etc. has been installed on the front door, there was a duty of care to reduce the speed and to make the front door well, while driving the vehicle safely according to the traffic signal, to prevent the accident in advance.

Nevertheless, the Defendant neglected this and received the front part of the victim E (the 55-year-old driver) driving, who was on the left-hand side of the moving direction by negligence in violation of the vehicle’s signal, from the front side of the vehicle under the victim E (the 55-year-old driver).

As a result, the Defendant suffered injury to the victim, such as the removal and closure of the first bones of fingers, which requires approximately four weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to traffic accident reports and diagnosis reports;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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