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(영문) 춘천지방법원 2016.05.25 2016고단283
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 who drives a small-scale taxi in the Republic of Korea.

On December 21, 2015, the Defendant started the crosswalk at the entrance of the Chuncheon cross-city bus terminal, located in Chuncheon-si, Chuncheon-si, 2341, and continued to walk from the taxi platform to the Southern Middle School.

At this point, the crosswalk was installed near the U.S. branch, and there was no signal signal, so there was a duty of care to check whether there is a person who gets on the way-side left and right of the crosswalk, and to prevent the accident.

Nevertheless, due to negligence of neglecting this, the victim C (29 tax, south) who walked the crosswalk on the right side of the moving direction was not found, and the part of the victim's bridge was faced with the front part of the Defendant's driving vehicle and turned over the road.

In the end, the Defendant, as a driver of a vehicle, sustained injury to the victim, such as the right-free knee, the right-hand knee, the other side of the upper fele, which needs to be treated for about six weeks, due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to survey reports and diagnostic certificates;

1. Article 3(1) and the proviso to Article 3(2) and Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

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

1. The sentencing criteria do not apply to the choice of a fine on the grounds of sentencing in Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

The damage caused by the crime of this case is not less severe, and the defendant has no agreement with the victim until now.

On the other hand, the defendant reflects his wrongness in depth, and the taxi operated by the defendant is affiliated with the National taxi transport business association of Korea, and there is room to recover considerable part of the damage.

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