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(영문) 인천지방법원 2019.09.04 2019고단4548
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM7 car.

On May 7, 2019, the defendant driving the above vehicle as a business of 12:03 on May 12, 2019, and let the intersection of Gyeyang-gu Incheon Gyeyang-gu at the front of the 88 Gyeyang-gu Office turn to the left at about 20 km away from the traffic park.

Since a signal, etc. is installed and a lot of traffic of vehicles is high, in such a case, the driver of the vehicle has the duty of care to confirm whether there is a vehicle passing through the intersection by reducing the speed for the driver of the vehicle, and to safely drive the vehicle according to the traffic signal to prevent the accident in advance.

Nevertheless, the Defendant neglected this and caused the left-hand turn to the right-hand turn in violation of the signal, and caused the DNA WW125 motorcycle driven by the victim C(the age of 48) who was on the right-hand turn-hand turn-hand turn-hand turn-on from the boundary of the Gyeyang Police Station to the traffic park protection area in order to avoid the collision with the said vehicle, and caused the collision to the right-hand side of the said vehicle.

As a result, the Defendant suffered from the second trend of the need for medical treatment for about 12 weeks due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Reporting on the occurrence of traffic accidents and the application of Acts and subordinate statutes for reporting on investigation (booms and CCTV analysis for crime prevention);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the victim, who was on the letoba as a result of left-hand turn, was a relatively heavy injury in need of medical treatment for 12 weeks, while the victim, who was on the letoba, went beyond the risk of collision.

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