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(영문) 인천지방법원 2015.01.30 2014고정3206
교통사고처리특례법위반
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

On February 2, 2014, at around 18:30, the Defendant proceeded at the speed of about 90.72 km in the direction of industrial complex at the 126 km in the front of the D-do located in Seo-gu Incheon, Seo-gu, Incheon.

At that time, the speed limit is 70 km per hour, and the signal was installed on the front side. In such a case, the driver of the motor vehicle has a duty of care to ensure that the driver of the motor vehicle has a duty of care to check whether the motor vehicle is coming from the other direction by reducing the speed prior to entering the intersection and not exceeding the restricted speed, and to safely drive the motor vehicle in accordance with signals such as signal, so that the driver of the motor vehicle may safely prevent the traffic accident.

Nevertheless, the defendant neglected this and went through the intersection by the negligence of entering the intersection, and led the victim E (the 49 years old) to violate the signal in the right direction of the defendant's running direction, and the front part of the Funst Driving Vehicle was shocked in front of the right side of the defendant's vehicle.

As a result, the Defendant suffered serious injury, such as the escape of cerebral Malivia and an artificial insemination in dynamics on the left 6th Maliba, where the number of diagnosis days cannot be known to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Statement to E by the police;

1. A criminal investigation report (Attachment of photographs on the shock of a shielded vehicle);

1. Results of traffic accident analysis, application of the Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Of the facts charged in the instant case, the Defendant caused the instant traffic accident by negligence in violation of the negligence driving at a speed exceeding 20 km by 90.72 km per hour and the signal.

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