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(영문) 서울서부지방법원 2013.04.17 2013고정411

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of Cstststa taxi.

On July 22, 2012, the Defendant driven the above taxi on July 07:40, and driven the four-lane road at a speed of about 74 km in Si/Gun according to the speed of about 168-1, the length of the remote distance in the mountain basin in Eunpyeong-gu Seoul Metropolitan Government.

The location is the intersection with signal lights and crosswalks, and at the time, the speed of restriction is 48 km per hour, so in such a case, the driver of the motor vehicle has a duty of care to observe the speed limit and safely drive the road well to prevent the accident in advance.

Nevertheless, the Defendant neglected this and found the victim D (the age of 65) who was in the vicinity of the 26 km at a speed exceeding the speed of 26 km, and operated the Hand to the left side of the left side. However, the Defendant did not avoid it and did not go beyond the ground by taking the part of the victim's shoulder, blur, bridge, and bridge to the front right side of the taxi of the Defendant.

As a result, the Defendant suffered injury, such as a felling, etc., to the victim for about six weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on traffic accident (report on actual condition of traffic accident 1, 2);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection

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