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(영문) 부산지방법원 2020.04.14 2020고정406

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 engaging in driving a rocketing taxi.

On November 29, 2019, the defendant driving the above taxi at around 05:20 on November 29, 2019, and made a turn to the left from the intersection to the mountain tunnel at the middle of the year-gu Busan.

Since there is an intersection where signal lights are installed, it was a duty of care to confirm whether a person engaged in driving service is a vehicle driving through an intersection by reducing speed and by properly examining the right and the right of the road and to drive safely according to the new code.

Nevertheless, the Defendant neglected to turn to the left due to negligence in violation of the signal, and led the victim C (the age of 64) driven by by the victim C (the age of 64) who makes a right-hand turn from the Busan Viewing on the right-hand side of the motor vehicle operated by the Defendant.

Ultimately, the Defendant suffered injury to the above victim C, which requires approximately two weeks of medical treatment due to occupational negligence, and at the same time suffered injury to the victim E, who is the passenger of the victimized vehicle, for about four days, such as the right sleep, which requires medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of traffic accident;

1. A traffic accident report, a closure photograph of an accident image, a vehicle photograph, or a CD;

1. Application of Acts and subordinate statutes of a medical certificate (C), a certificate of entrance/discharge (E);

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

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.