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(영문) 수원지방법원 2021.01.22 2020고단6925

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

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

On August 2, 2020, the Defendant driven the above rocketing taxi on August 2, 2025:11, and driven the two-lanes in front of Suwon-si C, Suwon-si, along the three-lanes in front of Suwon-si, proceeded to the distance from the sloping distance in the construction district complex.

At that time, there is a milch road because the speed of restriction is 60km per hour, and at that time, there was a duty of care to prevent accidents by complying with the speed limit and by accurately manipulating the steering gear and operation of the steering gear.

Nevertheless, the Defendant neglected to do so and proceeded with approximately 116 km in speed beyond the limited speed, and neglected to do so, caused the instant rocketing taxi to broom, and caused the traffic facilities adjacent to an administrative traffic facility due to the front broom, and continued to receive a protective wall at a higher level by continuously committing a crime.

Ultimately, the Defendant suffered from the injury of the victim D (the remaining, the age of 28), who is a passenger of the said taxi due to the foregoing occupational negligence, such as damage of the fluenite water that requires approximately 12 weeks medical treatment, and the injury of the victim E (the age of 33) due to the fluence of the fluent aggregate body body that requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to traffic accidents prepared D;

1. A survey report on actual condition, a traffic accident analysis report, and an analysis report on traffic accidents;

1. Each medical certificate, medical opinion, and medical opinion;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 3 (1) and the proviso to Article 3 (2) 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 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order is that the defendant's negligence which caused the instant traffic accident is grave, and the degree of injury suffered by the victims is grave.