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(영문) 창원지방법원 2015.04.17 2015고정151
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On October 22, 2014, the Defendant driven the above taxi on October 17, 2017:50, and led to the flow of the road following the new construction site of the bus terminal in the city of the Kimhae-si from the west-si to the yellow basin.

There are three-distance crossings where signal lights are installed, so in such cases, there was a duty of care to prevent accidents in advance by driving safely according to traffic signals to those engaged in driving service.

Nevertheless, the Defendant neglected this and got the front part of the victim C(M32 years old) driving, which was proceeding in accordance with the straight line at the opposite lane by negligence on the left turn on the green signal, and received the front part of the victim C(32 years old) driving in front of the right side of the above taxi driving of the Defendant and the rear parts.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral alky in detail, in which there is no two or more open situations in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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

3. Article 334 (1) of the Criminal Procedure Act.

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