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(영문) 서울남부지방법원 2016.07.06 2016고정912

교통사고처리특례법위반

Text

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

Where 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 who is engaged in the operation of the Lone Star emergency vehicle B.

On October 20, 2015, the Defendant driven the above ambulances around 11:55, and led the front road of Guro-gu Seoul to proceed along the two-lanes in the direction of the south-gu from the jurisdiction of the Goro Hospital to the south-gu.

At that time, the center line is installed as a yellow solid line in the two-lane, and the damaged vehicle was stopped in the same direction, so in order to proceed in the opposite direction, so in such a case, the driver of the motor vehicle has the duty of care to safely drive the center right side of the road and prevent the accident in advance.

Nevertheless, the Defendant neglected this and got the victim D (son, 49 years old) who had been a U-turn due to the negligence going beyond the center line and continued to go beyond the center line, to take the front part of the upper part of the Defendant’s driver’s first-hand on the left side of the taxi.

After all, the defendant et al. suffered from the victim F (V, 89 years old) who was accompanied by the defendant driver's first-aid vehicle due to the above occupational negligence, a head open room requiring approximately 2 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A repayment statement of D traffic accidents;

1. Reporting of a traffic accident (1) (2);

1. A medical certificate;

1. Application of Acts and subordinate statutes governing the site and vehicle 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. 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;