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(영문) 인천지방법원 2014.10.13 2014고단5846
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 the operation of a DNA cruise car.

On June 25, 2014, the Defendant driven the above car at a speed of about 20 to 30km in speed, depending on the two-lanes between the two-lanes from the west-gu Incheon Metropolitan City to the west-do west-dong side.

Since there is a signal, a person engaged in driving service has a duty of care to drive safely according to his/her name.

Nevertheless, the Defendant neglected this and caused the fVS 125CC 125CC driving by the injured party E (the aged 50) who is under the direct control of the driver's license test site from the jurisdiction of Bospo-gu, Bospo-gu, Bospoon due to negligence in violation of the signal, to impact on the left side of the said car.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the left-hand part of the satisfaction room in need of medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, G, and H;

1. A report on the occurrence of a traffic accident, a report on the actual condition, a photograph of the skin's moving direction, a photograph of the skin's moving direction, a left- or left-hand turn, a right-hand direction after the left-hand turn, a photograph of the damaged vehicle's moving direction, a location of the skin's vehicle, a photograph of the shock part of the skin's vehicle, and a photograph of the damaged earth and sand

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Facts constituting an offense, and Article 268 of the Criminal Act.

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to twenty million won; and

2. Determination of sentence: a fine not exceeding 4 million won (limited to reasonable circumstances); comprehensive motor vehicle insurance coverage; agreement with the victim; criminal punishment; and serious reflects (finite circumstances).

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