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(영문) 인천지방법원 2013.11.29 2013고정3981

교통사고처리특례법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Bro-type taxi.

On June 17, 2013, the Defendant driven the above taxi at around 22:40 on June 17, 2013, and proceeded to turn to the left the intersection of the front of the treatment apartment from the side of the Dong apartment at Bupyeong-gu, Incheon, Bupyeong-gu. 65 short-term apartment.

Since a crosswalk is installed on the front side, the driver of the motor vehicle has a duty of care to check whether there is a person driving the motor vehicle, who well sees the right and the right of the front side, and if a pedestrian passes the crosswalk, he/she has a duty of care to prevent the accident in advance by safely driving the crosswalk, such as temporarily stopping in front of the crosswalk, so as not to obstruct or endanger the passage of the pedestrian.

Nevertheless, the Defendant neglected this and proceeded along as is, but did not find the victim C(55 years of age) to the right side on the left side of the running direction at the Roman crosswalk, and did not find the victim C(55 years of age) and received the victim's right side side with the front wheels of the defendant's taxi.

Ultimately, the Defendant suffered injury to the victim by negligence in the above occupational negligence, such as cutting down the bones of teas, which is proposed to the right-hand side, for about six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. The actual survey report and the investigation report;

1. A medical certificate;

1. Application of Acts and subordinate statutes such as photographs;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts and the selection of fines;

1. Articles 70 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;