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(영문) 서울남부지방법원 2018.05.11 2018고정158

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving of a taxi for K5 business purposes.

On November 6, 2017, the Defendant driven the above taxi around 22:30, and moved to the right bypassing the two-lanes between the two-lanes in Silung-gu, Geumcheon-gu, Seoul.

In this case, a person engaged in driving service has a duty of care to safely proceed in accordance with the new code.

Nevertheless, if the defendant neglected this and neglected, and if the pedestrian signal of the crosswalk is due to negligence bypassing it, the defendant was shocked to the front part of the victim D(55 years old) driving, who was directly in accordance with the new subparagraph, from the right side of the crosswalk, the front part of the passenger car of the victim D(55 years old), which was driven by the defendant.

Ultimately, Defendant Appellant’s negligence caused the injury to the victim D, such as climatic salt, which requires approximately two weeks of treatment to the victim D, the injury to the victim F (the 53 years old), who is the passenger of the damaged vehicle, for approximately two weeks of treatment; the injury of the climatic salt, etc. requiring approximately two weeks of treatment to the victim G (the 56 years old); the injury of the right shoulder, etc., requiring approximately two weeks of treatment to the same victim H (the 48 years old), and the injury of the climatic salt, which requires approximately two weeks of treatment to the same victim H (the 48 years old).

Summary of Evidence

1. Partial statement of the defendant;

1. Report on the occurrence of a traffic accident;

1. On-site photographs;

1. A survey report on actual conditions;

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

1. Bluice stuff photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Selection of an alternative fine for punishment;

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;