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(영문) 수원지방법원 안산지원 2014.08.07 2014고정876
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 a person engaging in driving a rocketing taxi.

On March 4, 2014, at around 20:25, the Defendant driven the above taxi and moved one lane in front of the three-lane from the direction of light lighting distance to the direction of light lighting distance.

In that place, there was a signal signal apparatus connected to the intersection, so the person engaged in driving of the motor vehicle had a duty of care to stop on the crosswalk stop line, and if the signal of the crosswalk is green, there was a duty of care to stop on the crosswalk stop line.

Nevertheless, the Defendant neglected this and received the victim D (14 years old) who crosses a road near the bend of the Defendant’s vehicle into the left side from the right side of the vehicle in the direction of the Defendant’s vehicle operation, due to the negligence of bypassing the road as it is in contravention of the signal.

The Defendant suffered injury to the said D, such as salt, tension, etc. in need of medical treatment for about three weeks due to occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. A fact-finding report and an accident video CD;

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

1. Article 3 (1) and Article 3 (2) (proviso) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Act on Special Cases concerning the Selection of Punishment for Crimes, Article 268 of the Criminal Act and the Selection of Fines for Negligence;

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

1. The defense counsel's defense counsel's assertion of the defense counsel under Article 334 (1) of the Criminal Procedure Act regarding the provisional payment order is consistent with the defendant's defense counsel's defense without stopping a stop line even though the defendant was green, since the accident location was at a point out of 2 to 3 meters from the crosswalk, and the victim went into the defendant's taxi at a rapid speed, the defendant's defense counsel and the traffic accident in this case.

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