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(영문) 인천지방법원 2020.12.23 2020고단7841
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 of UH15 OH15.

On August 1, 2020, the Defendant driving the above Obabaon on August 21, 2020, and proceeding two lanes of modern land distance 480, the main territory of Gyeyang-gu Incheon city, Gyeyang-gu, in accordance with the two-lane roads, from the calculation basin to the C elementary school slope.

At the time, the signal lights and crosswalks are located at night, and in such cases, the person engaged in the driving of the vehicle has a duty of care to safely drive the vehicle in accordance with the signals and signals.

Nevertheless, the defendant neglected this and proceeded immediately in violation of the new signals even though the signal of the front side was red, and did not find the victim D (54 years old) who cross the crosswalk in the front direction of the defendant's moving from the right side to the left side according to the pedestrian signal and received the victim with the front wheels of the front side of the front side of the front side of the front side of the front side.

Ultimately, the Defendant suffered injury to the victim, such as the 12-day therapy and the pressure frame of the 2-day therapy, which require approximately 12 weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report and the report on the occurrence of any traffic accident;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts and the selection of fines;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the sentence shall be determined as ordered in consideration of the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, etc.

A disadvantageous condition: The defendant violates signal and drives a motorcycle, thereby standing a crosswalk.

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