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(영문) 인천지방법원 2014.09.25 2014고단4469
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 Obaba in B.

On March 29, 2014, the Defendant driven the above Oral Ba on March 20:13, 2014, and driven the three-lane of the 49-lane in front of the 49-lane, Nam-gu, Incheon, Nam-gu, Seoul, along the two-lane distance from the boundary line to the 50-60 kilometers in speed.

At night, it was difficult for the driver of the motor vehicle to drive the motor vehicle in a safe manner by reducing speed and driving the front door in a safe way.

Nevertheless, although the defendant neglected this and found the victim C (A, 77 years of age) who cross without permission from the front direction of the defendant's proceeding, the defendant was unable to avoid it, and the defendant was able to receive the victim with the front wheels of the front direction of the defendant.

As a result, the Defendant suffered injury to the above victim due to the above occupational negligence, such as cerebral cerebral macy which requires approximately five weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a report on the actual condition survey, and an accident-related photograph;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts. Article 268 (Selection of Fine)

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to twenty million won; and

2. Determination of sentence: A decision to punish a fine not exceeding one million won (limited to the reasonable circumstances), without permission of the victim, no power over criminal punishment, partial deposit of money (three million won) for the recovery of damage caused by liability insurance, or recovery of damage caused by a victim (unfavorable circumstances) with the victim;

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