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(영문) 인천지방법원 2020.10.14 2020고정1396
교통사고처리특례법위반(치상)
Text

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

If the above fine is not paid, the period of 10,000 won shall be converted into one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a passenger car B, Q900.

On April 16, 2020, the Defendant driven the above car on April 14:45, 2020, and driven the front road of the Incheon Southern-gu C from the 1st administrative center at the port of Seo-dong, Seo-gu, Incheon along one lane to the sub-sea area.

Since the place is where the center line of yellow-ray is installed, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly drive the motor vehicle in the front line and safely drive the motor vehicle.

Nevertheless, the Defendant neglected to drive a stroke, and was placed in front of the instant car on the left side of the city bus in the case of the victim D (ma, 58 years old) driving, running directly along one-lane of the road facing the center line of the yellow-stroke line at the place of the stroke line.

In the foregoing accident, the victim D suffered injury to sugars, etc. with no one in two open to provide approximately three weeks of medical treatment, and injury to the victim F (V, South and 62 years of age) who was on board the bus in need of medical treatment for about two weeks of age, such as salt and tension, and injury to the victim G (V, 63 years of age) in need of medical treatment for about two weeks of age.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, the actual survey report, the map and photograph, and each medical certificate;

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

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. The degree of breach of duty of care is serious and three victims suffered injuries, such as breaking the central line due to driving at a narrow level, due to the sentencing of Articles 70(1) and 69(2) of the Criminal Act in the custody of the workhouse.

The fact that the crime is recognized, the total insurance is covered, and the degree of injury of the victims is not much severe.

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