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(영문) 대전지방법원 2019.10.31 2019고단2559
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service of K5 business-use taxis B.

On March 28, 2019, at around 05:45, the Defendant was going to go to the opposite Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si.

In such cases, a person engaged in driving service has a duty of care to prevent accidents due to safe driving, such as living on the front door, not driving at a speed exceeding 20 kilometers per hour, etc.

The Defendant neglected this and failed to discover the victim E (the age of 48) who walked on the crosswalk when the pedestrian signal, etc. is red on the right side of the heading direction due to the negligence of driving 78.9 kilometers a speed of 50 kilometers a speed of speed more than a speed of 28.9 kilometers a speed of 28.9 kilometers a speed of speed, and caused the victim to the front part of the said taxi.

As a result, the Defendant suffered injury, such as the 4-5 chest-5 joints and escape, which requires approximately 20 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as a fact-finding report, on-site photo, black stuffed video cad, traffic accident analysis report reply, and medical certificate;

1. Relevant Acts concerning criminal facts, Article 3 (1) and the proviso of Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act regarding the order of provisional payment is that the Defendant, who caused an accident while proceeding more than 28.9 km per hour than 50km per hour, at a speed of 50km, on the new wallway, and thus, the degree of violation of the duty of due care is not easy.

The degree of injury of the victim is heavy.

However, when the victim was crossing without permission in violation of the crosswalk signal, the accident occurred, and the defendant is in length.

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