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(영문) 인천지방법원 2016.04.11 2016고단374
교통사고처리특례법위반
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 cub vehicles in C.

On December 27, 2015, the Defendant driven the above vehicle at around 17:20 on December 27, 2015, and turned to the opposite direction while driving the front of the 264 East Silung-ro, Bupyeong-gu, Incheon, Bupyeong-gu, in the direction of the church at the distance from the offline of the 264 East Silung-ro, to the boundary of the State, along the intersection as a one-lane of the three-lane.

It is a place where an intern is allowed when a pedestrian signal is occupied in the front of the defendant's moving direction, so a person engaged in driving service has a duty of care to intern according to his name.

Nevertheless, the Defendant neglected this and got the victim D(46) driving in the opposite direction due to the negligent negligence in the vehicle straight signal, which was proceeding in the opposite direction. In order to avoid the collision, the Defendant was placed on the top of the road with the center by rapid operation of the E Sti E in the vehicle (46) driving.

Ultimately, the Defendant suffered injury to the victim, such as inverteball flag, which requires approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes of Chapter 2 to a course of cutting down a black stuff;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that the defendant, while making a U-turn in a straight signal while walking, suffers injury to the victim. However, although the crime of this case was committed, the defendant did not have the same criminal history, and the defendant did not directly conflict with the vehicle driven by the victim, but suffered injury by the victim beyond the course of avoiding the vehicle driven by the victim.

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