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(영문) 대구지방법원 2018.01.18 2017고단4662
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 of a taxi for rocketing other business purposes.

On July 1, 2017, the Defendant driven the above taxi at around 01:24, and driven the front intersection of D in Daegu-gu, Daegu-gu C, along the three-lanes from the four-lane to the salary breadth, the Defendant proceeded at about 30km each hour at the speed of 30km between three-lanes.

Since there was a cross-section where signal lights are installed, there was a duty of care to safely drive a person engaged in driving service in accordance with good faith.

Nevertheless, the Defendant neglected this and found the opposite part of the road to the left-hand turn-hand turn-hand turn-hand turn-hand turn-on vehicle of the victim E (n.e., the 26-year-old driver) driving on the opposite part of the road from the front left-hand turn-on distance pursuant to the new line and did not avoid it. Thus, the Defendant received the front part of the said vehicle of the victim E (n.e., the 26-year-old driver) with the front left-hand part of the Defendant taxi.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim E, such as the right one-time executives in need of treatment for about nine weeks, and the injury to the victim G (27 years old) who was on the said vehicle of soflurged by the victim G (27 years old) in need of treatment for about three weeks, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation (attached a medical certificate and written estimate);

1. A survey report on the actual condition and a survey report (attached to on-site photographs, etc.);

1. Application of the Acts and subordinate statutes on video recording and video CDs;

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 selective fine for punishment (the following extenuating circumstances among the reasons for sentencing shall be considered):

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

1. The reasons for the sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order are as follows: the age, sex, family relationship of the defendant;

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