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(영문) 광주지방법원 2013.09.05 2013고단3163

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 27, 2013, the Defendant driven B taxi on June 21:38, 2013, and proceeded in two lanes between the three-lanes in the vicinity of the Japan Hospital in Nam-gu, Gwangju and the two-lanes along the direction toward the intersection.

At this point, the victim C(20 years old) driver C(20 years old) was placed in the front line of the taxi by neglecting his duty of care to reduce speed and drive another vehicle in progress in and near the signal lights, and neglecting his duty of care to drive the vehicle with a stop signal, and neglecting that the vehicle's moving signal was changed to the stop signal, and due to the negligence of proceeding, the victim C(20 years old) driver was placed in the front line of the taxi.

Ultimately, the Defendant suffered the victim’s sleep and mast on the left-hand slick in need of approximately two weeks’ medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual survey report;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant with reasons for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) is proceeding against his/her signal.

In light of the fact that the accident of this case was committed by the Defendant, the Defendant is sentenced to a fine due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Defendant has been subject to suspended execution, and the negligence was also in violation of signal or exceeded the limited speed, it cannot be said that the Defendant’s quality and criminality are light.

However, the degree of injury suffered by the victim due to the accident of this case shall be relatively relatively less and less, taking into account the circumstances such as the agreement with the victim, the punishment as ordered shall be determined.