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(영문) 서울남부지방법원 2016.05.03 2016고정376

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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 a rocketing taxi.

On October 5, 2015, the Defendant driven the above taxi at around 00:40 on October 5, 2015, and got the two-lane road along the intersection of Samsung T&3-gil, Yeongdeungpo-gu, Seoul, to proceed along one-lane from the direction of the office building of Yeongdeungpo-gu to the direction of Simsan.

At the time, there is a road that has a signal apparatus at night and at the front of that place, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents due to his/her intention to proceed in accordance with the new code and driving the motor vehicle.

Nevertheless, the Defendant violated this and discovered the bicycles of the victim D(23) who was a pedestrian's crosswalk on the right side from the left side of the running direction of the Defendant's vehicle, which was driven by an occupational negligence, even though the former signal was a red signal which stopped, and caused the Defendant to suffer bodily injury, such as damage of the two wheels that require approximately two weeks of treatment to the victim by receiving the front left side part of the Defendant's vehicle and receiving approximately two weeks of the front left side part of the Defendant's vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A traffic accident investigation report and a traffic accident occurrence report;

1. CCTV video CDs;

1. Application of Acts and subordinate statutes to investigation reports (related to the current inspection of signals);

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