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(영문) 서울중앙지방법원 2020.04.16 2019고단7487
교통사고처리특례법위반(치상)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B rocketing taxi.

On October 9, 2019, the Defendant driven the above taxi at around 01:50, and proceeded along the five-lane road in front of Dongjak-gu Seoul Metropolitan Government C along the four-lane from the upstream of the subliminary zone.

Since there are crosswalks where a vehicle and a pedestrian signal, etc. are installed on the front side, a person engaged in driving a motor vehicle has a duty of care to check whether there is a person who gets on a way to reduce the speed and to check the right and the right and the right of the road well and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and neglected the part of the right bridge of the victim D (Nam, 32 years old) who cross the crosswalk from the right side of the crosswalk to the left side by the negligence of proceeding with the stop signal even though it is a vehicle stop signal, and received the front part of the cab in front of the Defendant’s driving.

As a result, the Defendant suffered injury to the victim in the upper end of the upper end of the closed bridge, which requires approximately eight weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of D traffic accidents;

1. A traffic accident report;

1. Efluoring a suspect driver's license image image recording;

1. A medical certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not a case that is minor in light of the degree of damage, etc. that the defendant, who is a taxi driver, caused the victim who was a taxi driver, by negligence, driven the crosswalk in violation of the signal and caused an injury requiring about eight weeks medical treatment.

However, the defendant recognizes his mistake.

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