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(영문) 서울중앙지방법원 2014.04.10 2014고정804
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is engaged in the business of driving a rocketing taxi owned by the Defendant Company B.

On September 15, 2013, at around 02:59, the Defendant driven the above vehicle on the street in front of the 2nd intersection in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, 52, and proceeded at a speed of speed from the 2nd intersection in the direction of sexual intercourse in the direction of sexual intercourse. At the front section, there was an intersection where signal lights are installed.

In such a case, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a motor vehicle traveling along the intersection by reducing speed and checking well the front side of the road, and in spite of the occupational duty of care to prevent accidents by safely driving the motor vehicle according to the traffic signal, the defendant neglected this duty and caused the victim E (16 years old) who is the victim D(18 years old) who is driving in violation of the traffic signal from the left side of the driving direction of the motor vehicle due to the negligence of entering the red signal crossing, which is the traffic signal, to go beyond the right side of the motor vehicle due to the collision with the front part of the motor vehicle of the victim D and E (16 years old) who is the passenger.

As a result, the defendant suffered from occupational negligence the injury of the victim D, such as blood chains, annual installments damage, etc., which requires about four weeks of medical treatment, and the victim E suffered from the scopical scopher which requires about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Written statements of D;

1. A traffic accident report and a traffic accident report;

1. Each written diagnosis;

1. A map at the scene of an accident;

1. Application of each statute on photographs;

1. Article 3 (1) and the proviso to Article 3 (2) 1 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 Commercial Competition Act;

1. Selection of an alternative fine for punishment;

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

1. The order of provisional payment;

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