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(영문) 서울북부지방법원 2014.12.23 2014고단3646

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CK5 cars.

On September 22, 2014, the Defendant driven the above vehicle at around 12:10 on September 2, 2014, and proceeded along the road of Seongbuk-gu Seoul, Seongbuk-ro 99 along the direction of the ditch in the direction of the ditches from the East-gu, Seoul.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service has a road to reduce speed and to see well the right and the right and the right of the front side and to drive safely.

The Defendant neglected to do so and went beyond 74 years of age due to the negligence of the Defendant's driving seat in front of the driver's seat in which the Defendant is driving.

As a result, the Defendant suffered from the victim’s occupational negligence, such as the left-hand sacrife and the mouth of the need for treatment for about 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence, actual condition, and supplement of E traffic accidents;

1. A traffic accident report;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of fines

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

The reason for sentencing lies in the following circumstances: (a) the Defendant was negligent in driving a taxi on the front side and the left side by neglecting his/her duty of care and causing relatively serious injury to the victim; (b) however, the Defendant is the primary offender who has no criminal records up to the instant case; (c) the Defendant was the first offender with no criminal records up to the instant case; (d) the Defendant agreed with the victim in the trial only; and (e) the victim was the Defendant’s wife; and (e) the Defendant’s driving vehicle is insured by the National Private Taxi Mutual Aid Association.