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(영문) 서울중앙지방법원 2020.02.18 2019고정2521

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 80,000.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

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

On June 29, 2019, the Defendant driven the above car on June 29, 2019, and moved the way from five lanes to three lanes while driving the front road of Gangnam-gu Seoul Metropolitan Government into the seat of the D Hospital.

Since there is a place where a white-ray is installed (mark of restricted line for change of course), drivers have the duty of care to not change the course of vehicles and horses at a place where change of course is particularly prohibited with safety signs.

Nevertheless, the Defendant neglected this and caused the FNAS G90 car driven by E, which was driving from five lanes to three lanes in the same direction by the negligence of changing the course from three lanes, to the other three-lanes of the same direction, thereby getting the back wheels of the victim G, which was stopped in the course of stopping, to be the front part of the said car.

Ultimately, the Defendant, by the foregoing negligence, sustained injury to the climatic salt, etc. that requires approximately two weeks of treatment to the above victim, and suffered injury to the victim I, who was on board the said victim taxi together with approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement made to G and I;

1. A traffic accident report, on-site map, and each photograph;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

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

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order caused an accident by making an unreasonable change of course during night.