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(영문) 대전지방법원 2020.07.24 2020고단2035

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 driving of K5 si.

At around 15:00 on January 20, 2020, the Defendant driven the above taxi and proceeded straight along four-lanes in the direction of the Bonuri-gu, Seogsan-dong, Daejeon, along the intersection of the sampling distance from the direction of the mother-distance to the direction of the Bonuri-do.

Since there is a four-distance intersection where signal lights are installed, there was a duty of care to safely proceed with the person engaged in driving service in accordance with the signals and prevent accidents.

Nevertheless, the Defendant neglected this and received the part on the right side of the victim C(78 years old) driving by the victim C (78 years old) driving in a straight line from the left side of the Defendant’s vehicle in a direct manner in violation of the signal, as the front part of the vehicle driving by the Defendant.

Ultimately, the Defendant suffered from the injury of the victim E (n, 21 years of age) who was on board the Defendant’s vehicle due to the foregoing occupational negligence, such as the right-free kne, the kne-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Investigation report on the actual condition of traffic accidents, investigation report (as to attachment of a diagnosis report, hearing of victim F phone statement, hearing of victim E-mail statement) on the vehicle driving certificate, and making inquiry into the register of driver's licenses;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on photographs and black boxes video CDs;

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. Although the liability for the crime is not minor in light of the background of the accident in this case, the number of victims and the degree of negligence, etc. in the choice of a fine for negligence under Articles 40 and 50 of the Commercial Concurrent Crimes Act, the error is divided in depth;