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(영문) 서울남부지방법원 2013.03.14 2013고정470
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

On July 5, 2012, the Defendant driven the above taxi on July 5, 2012, and proceeded along two lanes in order to make a left-hand turn at the front of the distribution market in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, the distribution market in front of the 984-lane from the Silung-dong to the area of the tin zone.

At night and at that time, since it was an intersection with signal apparatus installed, a driver of a motor vehicle has a duty of care to prevent accidents in advance by towing the movement of a traffic vehicle through an intersection and driving it at a safe speed and method.

Nevertheless, the Defendant was negligent by failing to comply with the signal at red stop signals and by failing to turn left the left, and was placed at the right-hand taxi part of the Defendant, an off-to-land without a number plate driven by the victim C (Nam, 19 years old) who was straight in violation of the signal, from the surface of the open-to-side side of the open-side water zone to the open-side surface of the open-side water zone.

이로써 피고인은 위와 같은 업무상 과실로 피해자 C에게 약 16주간의 치료를 요하는 무릎뼈 골절 등의 상해를, 위 택시 승객인 피해자 D(남, 52세)에게 약 7주간의 치료를 요하는 쇄골 몸통골절의 상해를 각 입게 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a report on the occurrence of a traffic accident, a written statement on the occurrence of a traffic accident, and a written investigation by a police officer visiting the scene;

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

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning Handling of Traffic Accidents and Special Cases concerning the Selection of Punishment for Crime, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with heavier penalty);

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

1. The order of provisional payment;

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