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(영문) 인천지방법원 2017.02.16 2017고단19
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On December 12, 2016, the Defendant driven the above car on December 17:16, 2016, and turned to the left at a fluorous speed while driving the signal signal at the direction of the police station in the vicinity of the shooting distance of the grasan gymium in Busan, Seo-gu, Incheon.

The Defendant was negligent by the left turn in violation of the straight line at the right edge of the front intersection, and received respectively the front portion of the Defendant’s driving of the victim C(W, 54 years old) driving and the driving of the victim E(51 years old) and the driving of the victim E(51 years old) on the right side of the Defendant’s vehicle.

Ultimately, the Defendant suffered from the injury of the victim C, such as 12 pulse 12 pulse, which requires approximately 12 weeks of treatment due to occupational negligence as above, and the injury of the victim E, such as culse salt, tension, etc. requiring approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. A survey report on actual conditions;

1. Report on internal investigation (data for video records of black boxes);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Detailed concurrence (a punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against C, the crimes of which are more severe, shall be imposed among the above crimes);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act on the ground of sentencing for sentencing of the Defendant on the ground of the order of provisional payment was committed in violation of the signal at the intersection, and the Defendant shocked two vehicles entering the said intersection pursuant to the new subparagraph and caused injury to the victims, who are the driver of the instant case, by causing the instant crime to be committed, but the nature of the crime is not less than that of the crime. However, the Defendant determined by a mistake in signal on the commuting path, and determined the above intersection.

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