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(영문) 인천지방법원 2018.12.13 2018고단7228
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 the DaS100 B-wheeled Vehicle.

On July 29, 2018, the Defendant driven the above vehicle at around 16:36, and proceeded at a speed of 50km per hour, depending on two lanes, toward the long distance from the remote distance of the city of Bupyeong-gu, Busan High School, which is located at 416 Doo-ro 25 (Olsan-dong) in the original city of Bupyeong-gu, Incheon.

Since the signal, etc. has been installed and traffic control has been carried out, a person engaged in driving service has a duty of care to safely drive according to his name.

Nevertheless, the defendant did not discover a two-wheeled vehicle of the victim D, CA100, which was left left to the left from the side of the Bupyeong High School at the time when the defendant was negligent in proceeding with the red signal in violation of the signal, and received the front part of the defendant's vehicle, and received the front part of the victim's vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as pulverization of the left-hand flusors in need of the treatment period of approximately 12 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes of a traffic accident occurrence report, actual condition survey report, photographs at the scene of an accident, ledger of driver's licenses for each motor vehicle, each chassis, diagnosis report, and estimate;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant caused serious injury to the victim who driven in violation of the signal by negligence, etc. In light of the fact that the defendant's reason for sentencing of Article 334(1) of the Criminal Procedure Act has caused serious injury to the victim, but the defendant is the first offender, and his mistake is divided, and the victim has agreed with the victim, and the victim's wife against the defendant.

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