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(영문) 서울중앙지방법원 2016.01.27 2015고정4666

교통사고처리특례법위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

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

피고인은 2015. 10. 19. 00:45 경 위 택시를 운전하여 서울 강남구 강남대로 338 우성아파트 사거리 교차로를 뱅뱅 사거리 방면에서 강남 역 방향으로 진행하였다.

Since there is an intersection where a signal, etc. is installed, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a motor vehicle passing through the intersection by reducing the speed and checking well the side of the motor vehicle, and there was a duty of care to prevent the accident in advance by driving safely in accordance with the traffic signals.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed even if the signal is changed to a stop signal, and led to the shock of the victim C(49 years old) who was going to turn to the left and going to the right at the intersection in accordance with the Madar.

As a result, the Defendant suffered approximately two weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report;

1. Statement of opinion;

1. Application of the Acts and subordinate statutes to cut a black stuff image;

1. Article 3(1) and the proviso to Article 3(2)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 selection of fines;

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;