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(영문) 부산지방법원 2020.05.07 2020고정390

교통사고처리특례법위반(치상)

Text

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

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 the operation of B rocketing taxi.

On December 26, 2019, at around 23:50 on December 26, 2019, the Defendant driven the above taxi and tried to turn to E from D to the three-lanes of Busan East-gu C. The Defendant changed to three-lanes in order to have the passengers on the right side of the front side of the road.

There are two-lanes in the latter part of the same direction, so in such a case, the driver of the vehicle has a duty of care to take into account the surrounding traffic condition and not to change the lanes in the area subject to career change.

Nevertheless, the Defendant neglected this and instead caused a change of course and a safety zone to a two-lane, and the victim F (the 62-year-old age) was driving in the same direction as that of the Madern taxi, which was driven by the victim FF (the 62-year-old age).

As a result, the Defendant suffered injury, such as fluoral salt, which requires approximately two weeks of treatment by occupational negligence, to the above victim.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the police suspect examination protocol against the accused;

1. Entry of a traffic accident report;

1. Statement of F traffic accident statement;

1. Statement of investigation report (verification of accident scene, etc.);

1. Application of Acts and subordinate statutes stated in a written diagnosis;

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

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

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