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(영문) 서울북부지방법원 2016.08.25 2016고정1055

교통사고처리특례법위반

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

The Defendant is a person engaging in driving of a private taxi in C.

On March 4, 2016, the Defendant driven the above taxi at around 23:00, and driven the front road in front of the Seoul Western-gu, Seoul, along the two-lanes in the direction of the upper salary grade from the upper salary distance slope, the Defendant proceeded at the lower speed.

Since the location is where signal lights and crosswalks are installed, there was a duty of care to prevent accidents by checking the signal lights to persons engaged in driving of motor vehicles, safely drive the crosswalks according to their signals, and by checking whether there is any person to walk the crosswalks, and by driving the crosswalks in a way that does not interfere with their passage, etc.

Nevertheless, the Defendant neglected this and thereby violated the signal and entered the crosswalk, and received the victim E (the age of 45) who dried the crosswalk from the left side of the direction of the proceeding to the right side in accordance with the pedestrian signals, as the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately three weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. A medical certificate;

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

1. Application of Acts and subordinate statutes on the front photograph of a new vehicle;

1. Relevant legal provisions of the relevant criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act, Article 268 of the Criminal Act, and selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;