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(영문) 광주지방법원 2018.08.14 2018고정732

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who drives a taxi for rocketing other business purposes.

On May 15, 2018, the Defendant driven the above vehicle at around 15:50 on the 15th day of May, 2018, and the three-lane intersection in front of the south of the motor vehicle in Seo-gu, Seo-gu, Seo-gu, Gwangju, is proceeding eight-lanes among the eight-lanes, from the shooting distance protection area of the burners to the shooting distance of the infant.

At all times, there was an intersection where signal lights are installed.

In this case, the driver of a vehicle has a duty of care to check whether there is a vehicle passing through the intersection by reducing speed and checking well the front side of the road, and to prevent the accident by safely driving according to the traffic signals in advance.

Nevertheless, the Defendant neglected this and continuously proceeded at the same speed in violation of the signal, and from the left side of the proceeding direction, the victim C, who proceeded with the intersection in accordance with the new subparagraph, has conflicted with the part of the front part of the passenger vehicle in front of the taxi operated by the Defendant.

As a result, the Defendant suffered brain-dead, spawn, spawn salt and tension with the above victim, who had no standing room in two open for about three weeks of medical treatment due to the above occupational negligence. The Defendant suffered approximately two weeks of spawn and tensions to the victim E on board the back seat of the Defendant’s vehicle.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each written statement E and C;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Blue fluor video-fluoring images;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;