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(영문) 인천지방법원 부천지원 2018.08.30 2018고정450
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 17, 2018, the Defendant driving a Cranxg car owned by the Defendant, driving the above vehicle on or around October 10:38, 2018, and driving two lanes in front D in front of Kimpo-si at a speed of about 40km in the direction of the city-speed apartment in the direction of the Kimpo-si, and driving the signal at an intersection where the signal apparatus is installed at a speed of about 40km in the direction of the city-speed apartment in the direction of the Kimpo-si. The driver neglected his duty of care to prevent accidents due to the signals of the signal apparatus, while neglecting his duty of care to prevent accidents due to negligence in violation of the stop signal while driving the vehicle on the left side of the right side of the victim’s E-driving who proceeded with the intersection in accordance with the course of the signal signals, thereby resulting in the Defendant’s collision with the front part of the front fi30 passenger vehicle in front of the Defendant’s driving vehicle and resulting in the Defendant’s injury for the said two week period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on internal investigation (the details of the accident and the reporter and witness's statement);

1. A traffic accident investigation report and a traffic accident occurrence report;

1. A written diagnosis and written estimate for repair of vehicles;

1. Application of Acts and subordinate statutes to the next inquiry session;

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment: The Defendant caused the instant accident by violating the signal.

There was no agreement with the victim.

The favorable circumstances: The mistake is recognized and reflected.

The degree of injury of the victim is relatively weak.

There is no record of punishment for the same crime.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, motive and background of the crime, circumstances after the crime, etc. and various sentencing conditions shown in the theory of change.

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