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(영문) 인천지방법원 2019.06.20 2019고정1005
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of one 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 K5-car.

On February 3, 2019, the Defendant driven the above vehicle around 15:15, and proceeded along the five-lane road from the south East-gu Incheon Metropolitan City 114, along with one-lane road from the south East East-gu.

At all times, the two sides are cross-sections, and there are two straight lines, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to the surface indication and prevent the accident in advance.

Nevertheless, the defendant neglected this and got the back side of the damaged vehicle into the front side of the damaged vehicle and caused the damage vehicle to the front side of the road in order to avoid the shock between the IMF vehicle's left-hand and left-hand turn in violation of the regulation mark of prohibition of left-hand turn at the three-lanes of the same direction by the victim C (year 41) driving in the same direction by negligence in violation of the prohibition mark of right-hand turn-hand turn-hand turn-hand turn-hand, and the defendant got the front side of the damaged vehicle in the front side of the damaged vehicle.

Ultimately, the Defendant suffered injury to the above victim C, such as brain-dead sugar, which requires approximately three weeks of medical treatment, due to the above occupational negligence, and the victim G (V, 40 years of age), who is the fluor, suffered injury to the fluoral typile in need of medical treatment for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of C and G;

1. A report on the occurrence of a traffic accident, a traffic accident report, and a medical certificate;

1. On-site photographs, vehicle photographs, motion picture images;

1. Application of the CDA-related Acts and subordinate statutes

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. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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