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(영문) 서울남부지방법원 2013.04.15 2013고정564

교통사고처리특례법위반

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving of private taxi B.

On December 5, 2012, the Defendant driving the above vehicle at around 07:45, and proceeding the four-lane road of 1031-1 in front of the New-dong, Yangcheon-gu, Seoul, with about 30km in the direction of the Seoul Southern District Court, along with four-lanes in the direction of the radioactive well or the direction of the vehicle. Since there is an intersection where signal, etc. is installed on the front side of the road, a person engaging in driving service has a duty of care to prevent accidents in advance by safely proceeding in accordance with the new signals by reducing speed and checking well the front side of the road, despite the fact that there was a duty of care to prevent accidents in advance due to negligence in violation of the signal on red signal, and thereby, caused the victim C (Nam, 70 years old) who made a left-hand turn to the left pursuant to the new subparagraph in the opposite direction of the vehicle, by taking the front part of the driver’s seat of the Defendant’s vehicle with about two weeks in front of the driver’s seat.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report- a actual condition survey report;

1. A written statement of the occurrence of a traffic accident C;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.