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(영문) 인천지방법원 부천지원 2019.06.14 2019고단628
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 a vehicle B in New Zealand XD.

On January 24, 2019, the Defendant driven the above car at around 16:05, and turned the front road of the Seocheon-si into the slope of the new interest market in the Ycheon-si from the slope of the sports-for-all distance, and continued to proceed to the right bypass of the D elementary school.

Since there are crosswalks where signal lights are installed, the defendant engaged in driving service had a duty of care to reduce speed, to live well before and after the road, and to drive safely in accordance with the new code.

Nevertheless, by neglecting this, the Defendant was negligent in driving the vehicle on the left side of the direction of the Defendant’s running, and the Defendant was faced with the victim E (the age of 78) who dried the crosswalk in front of the Defendant’s driving direction, in accordance with the pedestrian signals.

After all, the Defendant suffered injury to the victim, such as the removal of the 2, 3, and 4-year-end climatic frame, the inner flag, and the cerebral le, which require a traffic accident due to the above occupational negligence, for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident actual condition survey report and photographs of the accident site;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (victim E telephone conversations);

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning 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. The grounds for sentencing unfavorable to the Defendant include: (a) the Defendant’s breach of the duty of care due to the sentencing of Article 334(1) of the Criminal Procedure Act; and (b) the victim suffered injury requiring approximately six weeks of medical treatment due to the instant traffic accident.

However, the defendant reflects the mistake, and the first offender, the motor vehicle of this case is covered by the comprehensive insurance, and the victim additionally pays 6 million won to the victim.

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