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(영문) 인천지방법원 2016.07.07 2016고정1273
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 low-priced car.

On January 18, 2016, the Defendant driving the above car at around 00:10, and driving the road of four-lanes in front of the Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, along the two-lanes from the shooting distance room of the old citizen center to the seat-distance outflow of the rocks.

On the other hand, there is an intersection where signal lights are installed at the front door, so in such a case, the driver of the vehicle has a duty of care to ensure a safe distance so that the driver of the vehicle can avoid if the vehicle stops earlier, and to safely drive the front door and the right and the right while reducing speed, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and failed to secure the safety distance with the vehicle in front and left at the left-hand side by negligence, and received the back part of the vehicle in front of the vehicle in front of the vehicle in front of the victim D(26) driving, which temporarily stopped in order to turn to the left-hand side.

Ultimately, the Defendant suffered from the victim D and the victim F (27) who was on board the said BMW car due to the above occupational negligence, the injury of the victim F, including salt, tensions, etc. requiring approximately two weeks medical treatment, and at the same time, damaged the said BMW car to cover KRW 10,800,150, such as the replacement of the backline cream.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A written statement;

1. Fact-finding survey report and report on the occurrence of any traffic accident;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to photographs of accident vehicles;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 151 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

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