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(영문) 춘천지방법원 속초지원 2016.10.26 2016고정85

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 duty of driving a small-type taxi B.

On March 26, 2016, at around 09:20 on March 26, 2016, the Defendant, while driving the above taxi, temporarily stopped the Dok-si Workers' Welfare Center of the Young-si, Young-si from the ro parking lot to the Dokdong Workers' Welfare Center of the Young-si, the Defendant temporarily stopped the Dok-si and started the boarding of the passengers.

In such cases, there was a duty of care to prevent accidents by taking necessary measures, such as accurately closing doors, in order to ensure that those engaged in taxi driving service or those on board or alight from the taxi do not fall off.

Nevertheless, the Defendant neglected to do so and had the victim E (the age of 82) boarding the back of the front seat and start from the place before the opening of the door to the floor, and had the victim cut off to the floor, and had the victim go back to the back of the taxi.

Ultimately, the Defendant suffered injury to the victim, such as cutting the body at the bottom of the mouths requiring approximately 10 weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to A and F;

1. A E-written statement;

1. The actual condition survey report;

1. A photograph of the victim and on-site confirmation;

1. A medical certificate;

1. Application of the Act and subordinate statutes to a report on investigation (verification of CCTV at an accident site) and report on investigation results;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (1) and Article 3 (2) 10 of the Act on Special Cases concerning Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Selection

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

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