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(영문) 광주지방법원 2018.09.11 2018고단2528

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 9,000,000.

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 April 5, 2018, the defendant driving the above taxi around 00:02, and became to enter the roads of five lanes in front of the E hospital located in Gwangju Mine-gu, Gwangju Mine-gu, from the side side roads adjacent to the Gwangju Mine-gu, Gwangju.

Since there is a place where the center line of yellow solid lines is installed in the central price in the straight line, a person engaged in driving a motor vehicle is obliged to observe the motor vehicle line, and have the duty of care to prevent accidents in advance by driving the motor vehicle in the front line with the driver’s duty of care, despite the fact that the defendant neglected to do so, while driving a motor vehicle in the reverse line from the front line to the lower intersection in two lanes, the defendant was placed as a cab of the victim F.F. (33 years) who proceeds normally along the two lanes, while driving the motor vehicle in the middle line.

Ultimately, the Defendant suffered injury to the victim F by occupational negligence to the victim F, which requires approximately 8 weeks of medical treatment, such as a franchisium, and suffered injury to the victim H (V, 47 years of age), who was aboard the back of the taxi of the Defendant, due to approximately 12 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H and F;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

(a) Unfavorable conditions: The occurrence of serious injury, etc. is not a serious injury to two victims due to the instant traffic accident caused by the calendar;

(b) Conditions favorable to him: the first offender, the fact that the defendant recognized the instant crime and reflects his mistake, the fact that he was subscribed to the mutual aid association for the taxi, and the fact that he agreed with the victims.

(c)the age of the defendant;