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(영문) 서울서부지방법원 2017.03.30 2017고정146

교통사고처리특례법위반(치상)

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in private taxi driving service.

On September 28, 2016, the Defendant driven the above taxi on September 28, 2016, and led to the intersection of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, to the apartment zone of Samho apartment.

Since there is an intersection in which a red flickering is installed, a person engaged in driving a motor vehicle has the duty of care to check and operate the safety of course by checking well the right and the right of the front side after temporarily suspending the motor vehicle immediately before the intersection.

Nevertheless, the Defendant neglected this and went to the right side of the taxi driving in front of the U.S. drive, which is driving from the right side of the horse to the private distance by negligence in contravention of the red on-and-off signals, and by negligence in contravention of the signal, received the front part of the U.S. driving.

Defendant 1 suffered injury to the victim G (V, 23 years old), who was a passenger boarding F taxi due to such occupational negligence as above, such as salt dump, tensions, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes, such as a photograph of a site, a black boom and a photograph to the course of cutting down;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment is that the defendant confessions and reflects the crime of this case, and there is no record of punishment prior to the crime of this case, but the degree of the accident of this case seems not to be minor in light of the degree of damage of the vehicle expressed in on-site photographs, and the punishment is determined as ordered in consideration of all the sentencing conditions including the defendant's age, sex behavior, environment, etc.