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(영문) 인천지방법원 2014.11.28 2014고정3340

교통사고처리특례법위반

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

On June 26, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) by the Incheon District Court, and the said judgment became final and conclusive on November 6, 2013 by withdrawing an appeal.

The Defendant is a person engaging in driving a rocketing taxi.

On May 27, 2011, the Defendant driven the above vehicle on May 18:32, 201, and proceeded at a three-lane of the new luminous distance in 7-197, Jung-gu, Incheon, Jung-gu, Seoul, toward the direction of the new luminous distance from the side of the sublim, to the speed of less than 20km each hour according to the two-lane.

At all times, crosswalks are installed on the right side, and vehicle auxiliary signals are installed on the right side, so the driver of the vehicle has a duty of care to safely drive the vehicle in accordance with signals and instructions.

Nevertheless, the defendant neglected this and did not avoid the bicycle driven by the victim C (the 13 years old), who is driving on the right side in the right side of the vehicle driving on the crosswalk pedestrian signal, due to the negligence that the vehicle auxiliary signal, etc. violated and proceeded with the signal while being red, and the defendant did not avoid the bicycle driven by the victim C (the 13 years old) in the right side of the bicycle driven by the victim in front of the left side of the vehicle driving by the defendant.

Ultimately, the Defendant suffered salt, tensions, etc. from the Defendant, which requires approximately four weeks of medical treatment due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident, photographs, black stuffs, traffic accident report, and medical certificate;

1. Previous convictions in judgment: Results of case search, application of two copies of judgment and other Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes