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(영문) 인천지방법원 2018.06.08 2018고정1168
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-priced car.

On October 19, 2017, the Defendant driven the above car at around 00:41, and proceeded at a speed of about 50 km from the surface of the literature tunnel to the blue-do, Yeonsu-gu, Incheon, the Cheongnam-ro 12 (Cheongnam-dong).

Since the location is an intersection where traffic is controlled by signal apparatus, there was a duty of care for a person engaged in driving of a motor vehicle to safely drive the motor vehicle according to signals.

Nevertheless, the Defendant, by negligence in violation of the vehicle stop signal, was placed in front of the Defendant’s vehicle, on the left-hand side of the victim C(Y, 45 years old) drive D SP car driving from the front side of the Defendant’s vehicle, which was driven in accordance with the vehicle moving signals from the front side of the MPP car.

Ultimately, the Defendant suffered from the injury of dynasium or the closure of dynasium, which caused approximately 6 weeks of medical treatment to the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident, and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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