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(영문) 서울동부지방법원 2014.07.15 2014고정1061

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 BM5 taxis.

On November 21, 2013, the Defendant driven the above taxi on November 14:30, and moved the four-lanes of the 635-lanes to the speed of the Sin speed in the new market, as Seoul Special Metropolitan City Gwangjin-gu.

Since the place has a crosswalk where a signal, etc. is installed, it is confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph, after checking whether there is a person who gets on the way to reduce the speed and by properly examining the right and the right of the road.

Nevertheless, due to the negligence of neglecting this, the driving signal of the vehicle is moving off to the stop signal, and as it is, the pedestrian signals were found to be late behind the victim C (62 years old, female), and D (58 years old, female), who cross the crosswalk from the right side to the left side, and operated it to avoid this. However, the victim's blick part was not faced, and the defendant's blick part was found to be the first offender in front of the taxi right side of the taxi.

Therefore, the above victim C suffered injury such as dynasium, tension, etc. in need of treatment for about three weeks, and the victim D suffered injury such as dynasium, dynasium, etc. requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in C and D;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to each diagnosis letter and black scambling video images;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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