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(영문) 서울북부지방법원 2015.05.13 2015고정769

교통사고처리특례법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B rocketing taxi.

At around 10:40 on January 27, 2015, the Defendant proceeded one way in front of 188, a session of Dongdaemun-gu Seoul, to the direction of the session in front of the session.

At this point, there is a center line of yellow solid lines.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the right side from the center of the road and safely.

Nevertheless, the Defendant neglected this and got the victim C (the age of 59) to go up to the left-hand side of the front driver's vehicle. However, the Defendant got the victim C (the age of 59) to go up to the upper-hand side of the front driver's vehicle.

As a result, the Defendant caused the victim by negligence in the course of business to suffer injury to the victim, such as cutting down or closing down of the L3 parts which require approximately eight weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C's statement on the occurrence of traffic accidents;

1. The actual condition of traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

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

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;