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(영문) 인천지방법원 부천지원 2016.04.01 2016고정174
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 8, 2015, the Defendant is a person who is engaged in driving C-learning car. On the other hand, at around 06:33, the Defendant operated the said car and installed a three-lane distance in front of the apartment house located in the e-lane 4-lane in each Eup/Myeon at Kimpo-si, Kimpo-si, the main apartment zone was located in the 9-lane apartment zone in the e-lane, and thus, the Defendant had a duty of care to safely proceed in accordance with the new subparagraph.

Nevertheless, in order to make a right-hand signal while neglecting this, the Defendant started crossing from the left side of the crosswalk to the right side of the direction of the horse to the right side of the horse, but changed to the red light, and received the victim D (81 3, South) who continued crossing to the front part of the said car.

Defendant 1 suffered injury to the victim due to the above occupational negligence, such as her amb, etc., which requires two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act, based on the following factors: (a) there is no record that the defendant was punished for the same kind of crime; (b) the victim’s negligence is recognized with respect to the occurrence of the instant traffic accident; and (c) the Defendant’s economic situation is difficult; and (d) disadvantageous sentencing factors such as not having reached an agreement with the victim until now, shall be determined by comprehensively taking account

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