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(영문) 의정부지방법원 2016.06.30 2015고정2404

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

The defendant is a person who drives a taxi in Cro.

On July 21, 2015, the Defendant driven the above taxi around 00:19 on July 21, 2015, and turn to the left, at the 193 new village intersection from the jurisdiction of the Gu Government-si to the jurisdiction of the court.

At that time, the signal apparatus is installed and operated normally. In such a case, the driver of the motor vehicle had a duty of care to prevent accidents by safely driving the motor vehicle by taking the left and right of the front door in accordance with the signals instructed by the driver of the motor vehicle.

Nevertheless, the defendant neglected this and reported the driver's vehicle of the victim D(46) who was straighted in green signals on the right turn of the driver's vehicle to the left turn of the driver's vehicle at the right turn on the opposite side of green, and immediately operated the vehicle.

As a result, the Defendant suffered from the above occupational negligence the injury of the victim D, who is the driver of the above damaged vehicle, “knee-fee-fee-fee-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe

Summary of Evidence

1. Each legal statement of witness D and F;

1. A fact-finding survey report and a traffic accident occurrence report;

1. Each medical certificate and each photographic image;

1. The results of the reproduction of CCTV images from spirits in this Court [the defendant and his defense counsel], although the defendant had a right-hand turn in the right-hand turn, the motor vehicle did not enter the motor vehicle at the time, and there was no traffic accident.

The argument is asserted.

On the other hand, if the driver of a motor vehicle was negligent in performing his duty of care in driving and the victim was injured or injured due to the driver's negligence, the driver of the motor vehicle can be recognized as negligence for the injury of the victim who did not directly conflict with the motor vehicle (see, e.g., Supreme Court Decisions 89Do866, Sept. 12, 1989; 2001Do6932, Mar. 12, 2002).