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(영문) 인천지방법원 2016.12.08 2016고단7314

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person engaging in private taxi driver B.

Around 12:40 on October 4, 2016, the Defendant driven the above taxi and driven the two-lanes of the two-lane above the 10 meridian of the Seo-gu Incheon, Seo-gu, Seo-gu, Seo-gu, Incheon along the intersection of the marri Tri Tri-ro, along the intersection from the border of the marri to the intersection.

Since a traffic signal, etc. is installed and traffic control is performed, a driver of a motor vehicle has a duty of care to check the right and the right of the front side of the motor vehicle and to prevent accidents in advance by safely driving the motor vehicle in accordance with good faith.

Nevertheless, the Defendant neglected this and proceeded in violation of the stop signal, and did not discover the victim C (V, 46 years of age) who gets a bicycle on the left side of the crosswalk on the right side of the road, and received the victim's bicycle in front of the taxi right side of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as a bruption, for about five weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to field drugs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. The sentencing reasons for Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) is that the Defendant, as a taxi driver, was in violation of the traffic-related Acts and subordinate statutes despite his/her duty to observe the said Acts and subordinate statutes, while driving a taxi in violation of the signal and shocking the victim who gets on a bicycle or a crosswalk along with the pedestrian signal, leading to the instant crime of which the victim was injured, and the victim’s damage was serious, and the crime is not weak.