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(영문) 대구지방법원 포항지원 2013.04.12 2013고정150
교통사고처리특례법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of a taxi for rocketing other business purposes.

On December 14, 2012, 06:35, the Defendant driven the above taxi and operated the intersection in front of the volcanic Plant Center located in the south-gu, Chungcheongnam-gu, Chungcheongnam-si, Seog-si, in the direction of the Cheongg-do, in a two-lane radius from the Cheongg-do, in the direction of the Cheongg-do.

Since the location is a point where a signal is installed and operated, there was a duty of care to safely proceed in accordance with the signals and prevent accidents in advance.

Nevertheless, the Defendant neglected this and found the victim C (herely, 71 years old) who walked the crosswalk from the right side of the taxi driving direction at around that time to the left side of the taxi driving in accordance with the pedestrian signals by his/her own negligence and caused the victim to fall down on the road after the collision with the head side of the main set and front glass part of the taxi driving.

As a result, the Defendant caused the death of the victim due to serious cerebral injury (presumed) by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes concerning autopsys;

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

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

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

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