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(영문) 제주지방법원 2016.09.29 2016고정361
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 March 18, 2016, the Defendant driven the above taxi on March 13:40, and proceeded ahead of the road D at Jeju, to the entrance of the new Jeju metropolitan intersection from the airport office building.

At this point, since the center line of yellow-ray is installed, a person engaged in driving service has a duty of care to live well before and after the center, and to safely proceed with the vehicle line.

Nevertheless, the Defendant neglected this and went to the left left due to the negligence of the center line, and received the front part of the G G Aburburg passenger car driven by the Defendant at the right part of the Defendant’s vehicle. The Defendant received the front part of the G Aburg passenger car driving from the direction of the airport office to the right part of the airport.

Ultimately, the Defendant suffered, by negligence in the above business, the injury of the victim F, such as salt, tensions, etc. in need of approximately two weeks of treatment, and the injury of the victim H (46) who was aboard the Defendant’s vehicle, caused about two weeks of treatment to the victim H (46) who was in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on internal investigation (a verification of the impact of a taxi);

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that the Defendant, applying Article 334(1) of the Criminal Procedure Act to the Criminal Procedure Act, caused a traffic accident by negligence that caused the left-hand turn at the center line and caused each injury to two victims, the crime of this case is not in the nature of the crime, and that there was a record of punishment of a fine for the same kind of crime by the Defendant.

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