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(영문) 서울남부지방법원 2016.07.01 2016고정786

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 driving of a taxi for the use of the small-scale business in B.

2015. 10. 18. 23:45 경 위 차량을 운전하여 서울 강서구 C 앞 이면도로를 화곡로( 본동 시장) 쪽에서 일명 화곡동 구도로( 볕 골공원) 쪽으로 진행하게 되었다.

At that time, the front door is an intersection with a crosswalk and a sign of “stop-off” sign, so there was a duty of care to safely drive the motor vehicle in accordance with the traffic safety and sign instruction by reducing the speed and properly examining the right and the right and the right of the motor vehicle driver.

Nevertheless, the Defendant neglected to do so and caused the collision between the victim D( South, 28 years old) driving ES5 vehicle driving from the right side of the direction to the public road route by neglecting and proceeding the above stop sign by negligence, which led to the collision between the defendant's vehicle and the right side of the vehicle of the defendant.

Ultimately, the Defendant suffered injury to the victim D, such as salt, tensions, etc. in need of approximately three weeks’ medical treatment due to occupational negligence as above, and suffered injury to the victim F, who is the taxi passenger of the Defendant (the 25-year-old cab passenger), such as salt, tension, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. A traffic accident occurrence report;

1. A survey report on actual condition, on-site map, and photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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