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(영문) 서울중앙지방법원 2019.06.12 2018고단8688
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 engaging in driving a rocketing taxi.

On September 4, 2018, the Defendant driven the above taxi at a speed of about 30 kilometers per hour in the speed of 30 kilometers between the three-lanes in the middle three-lanes in the direction of the elim three-lanes in the direction of the elim three-lanes in the direction of the elim three-lanes.

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

Nevertheless, the Defendant neglected this and caused the front part of the victim C(59 years old) driving on the opposite opposite lane due to the negligence of failing to make a left-hand turn in violation of the stop signal at the front part of the said rocketing taxi.

Ultimately, the Defendant suffered injury to the above C due to the above occupational negligence, such as brain salvine, which requires treatment for about two weeks, injury to the victim E (the 32 years old), who is the passenger of K5 si, such as inside and outside heat, which requires treatment for about three weeks, and injury to the victim F (the 30 years old passenger), who is the 5 si passenger of K5 si, for about seven weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (1) (2) and caps of an accident image;

1. Application of the C, E, and F Acts and subordinate statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act (a punishment imposed on a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents against the largest F) of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order are as follows: the Defendant’s age, character and conduct, family relationship, home environment, and motive and means of committing the crime.

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