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(영문) 인천지방법원 2016.04.28 2016고단762
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 of CSP car.

On January 19, 2016, around 18:15, the Defendant, among the Seo-gu Incheon Seo-gu Incheon Metropolitan Government Offices, proceeded along four lanes in front of the Ho-do Intersection by using four lanes from the middle side of the audience-day elementary school to the heart of the city.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the Defendant neglected this and got the victim's bicycle left side of the victim D (60 ) who passed the crosswalk from the right side of the crosswalk to the left side of the crosswalk, due to the negligence of driving in violation of the signal.

Ultimately, as seen above, the Defendant suffered injury to the victim by occupational negligence during approximately 14 weeks of medical treatment, such as the closure of the flasium.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A traffic accident occurrence report;

1. Each and each report on investigation;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

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 under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, where the defendant, on the ground of the sentencing of Article 334(1) of the said Act, led the victim by shocking the victim, who was on a bicycle and passed the crosswalk while the pedestrian signal is in operation, to suffer approximately 14 weeks of medical treatment, and the details of the instant crime, the degree of damage to the victim, etc., are not weak, but the defendant is a first offender with no criminal history.

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