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(영문) 인천지방법원 2017.01.20 2016고정3181
교통사고처리특례법위반(치상)
Text

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

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 Branchising vehicles.

On August 30, 2016, around 16:50, the Defendant proceeded at the speed of about 40-50 kilometers in speed from the south: Dondo-ro, Seo-gu, Incheon, Seo-gu, 905, to the same distance from the south: and the speed of about 40-50 kilometers in speed from three lanes.

In this case, a person engaged in driving service has a duty of care to prevent accidents by operating the brake system immediately when the vehicle stops well with the safety of course.

Nevertheless, the Defendant neglected to drive a stroke while driving the vehicle at stroke, and the part on the rear loaded of the Dtroke vehicle driven by the victim C (50) in front of the Defendant’s vehicle, which was driven by the victim C (50) in front of the Defendant’s vehicle, was taken into consideration as the front part of the Defendant’s vehicle, and the part on the rear part of the Froke vehicle driven by E standing in front of the vehicle due to its influence was taken into account.

In conclusion, the defendant, by negligence in the above business, suffered injury to the victim C in need of a stability of two weeks, due to the influence of the climatic base and the tension, from injury to the victim G (43) who was on the clibal vehicle, which requires a stable medical treatment of approximately two weeks due to the clibal base and the tension, and from the victim H(55 years old) who was on the clibal vehicle, the victim H(55 years old) who was on the clibal vehicle suffered from the injury in need of a stable medical treatment of about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement of H and G (the occurrence of a traffic accident);

1. Application of Acts and subordinate statutes to investigation reports (a photograph attachment, estimate, written agreement, water deposit, medical certificate, and certificate of subscription to automobile insurance);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The order of provisional payment;

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