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(영문) 대구지방법원 포항지원 2017.11.22 2017고단1090

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 individual taxi.

On February 27, 2017, around 16:00, the Defendant, at Sincheon-gu, Namcheon-gu, Yongcheon-gu, Seoul, Seocheon-do, 3-ro, had been straighted as a new spawdon from the spadon plane of the spadung-gu, Seoul-do, Seoul-do, to the spadon. At this point, the Defendant, who is engaged in driving, had a duty of care to make a U.S. internship at the point where the U.S. is permitted.

Nevertheless, the Defendant neglected this, due to the negligence of making an internship in the opposite direction to the field of the No. Don-C., received the victim D (e.g., 59 years of age) who crosses the Don-J. Don-J. Don-J. from the Don-gu Agricultural Bank around this time to the Don-Jon Do

As a result, Defendant 1 suffered injury, such as the upper end of the upper end in need of approximately 12 weeks of treatment due to the above occupational negligence by Defendant 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, 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. The sentencing of Article 334(1) of the Criminal Procedure Act does not relax the degree of injury suffered by the victim for the reason of sentencing of the provisional payment order. However, considering the following factors: (a) the defendant agreed with the victim; (b) the defendant is affiliated with a personal taxi mutual aid association; (c) the victim was negligent in crossing the victim without permission at a point that does not fall short of the crosswalk at the crosswalk as much as possible according to the three-lane road; (d) there was no other penalty history other than the one prior to the first fine; and (e) there was no other penalty history other than the defendant's age, sex, environment, and circumstances after the crime