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(영문) 서울동부지방법원 2021.02.04 2020고정1203

교통사고처리특례법위반(치상)

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 is engaged in the duty of driving B rocketing taxi.

On October 17, 2020, the defendant driving the above taxi around 18:30 on October 17, 2020, and led to turn to the left of the D hospital in the direction of the D hospital from the village which is located in front of Songpa-gu Seoul Metropolitan City.

On the other hand, a crosswalk without signal, etc. is installed on the front door. In such a case, when a person engaged in driving a motor vehicle sees the front door and the right and the right by reducing the speed, and when a pedestrian passes the crosswalk, he/she had a duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians, and to prevent the accident in advance.

Nevertheless, when the defendant neglected to do so, he was the victim E (the remaining, the age of 19) who dried the crosswalk to the right side from the left side of the marina course direction by negligence, and received the front part of the above taxi.

As a result, the Defendant suffered approximately three weeks of medical treatment from the victim due to the above occupational negligence, “the left-hand skes, etc.” which requires medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. Application of Acts and subordinate statutes reporting the investigation report on the actual condition of traffic accidents involving video images recorded in a diagnostic box and the investigation results;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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;