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(영문) 대구지방법원 서부지원 2016.05.18 2016고정234
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a rocketing taxi vehicle.

On January 14, 2016, around 21:45, the Defendant proceeded at the speed of about 50 km from the side of the water supply facility to the speed of 50 km along the two lanes in front of the D cafeteria in Seogu, Daegu.

At that time, since the signal, etc. is installed, a person engaged in driving service has a duty of care to drive safely according to the signals.

Nevertheless, the Defendant neglected this and took part of the front part of the victim E(28) driving FK3 car driven by the victim E(28 years old) drive in accordance with the straight line from the four-distance distance from the four-lane distance from the two-lanes due to occupational negligence in violation of the signal, and got the front part of the said taxi driver’s vehicle to the right side of the said taxi, and the said taxi driver’s vehicle was given the front part of the said taxi protection rail.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E in need of approximately three weeks of medical treatment, and suffered injury on the victim G (36 years of age) who was on the back seat of the said taxi vehicle with approximately five weeks of medical treatment, such as a closed duplicing duplicating duplicating, etc., and on the same victim H (34 years of age) with approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. A survey report and an investigation report (in relation to the submission of a taxi driver's diagnostic report);

1. Application of Acts and subordinate statutes governing accidents;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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