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(영문) 서울남부지방법원 2014.02.12 2014고정4
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Bchip taxi.

On October 7, 2013, the Defendant driven the above taxi on October 7, 2013, and came to turn to the left at about 5 km each hour according to the speed of 5 km from the luxa-ro of Yeongdeungpo-gu Seoul Metropolitan Government to the 14-1-lane of the Handong apartment.

Since the location has a crosswalk in which signal signals are installed as a non-protection intersection, there was a duty of care to check whether a person engaged in driving service is a person who gets on the way to reduce the speed and to check the right and the right and the right and the right and the right and the right are well and to drive safely according to the new code.

Nevertheless, the defendant neglected this and caused the face of the victim C(the age of 43) and the victim D(the age of 5) who cross the crosswalk from the right side of the crosswalk to the left side in accordance with the pedestrian signals by negligence of left-hand turn to the non-protected green signal.

As a result, the Defendant suffered from the above occupational negligence to the victim C about about 10 weeks of medical treatment, and the victim D suffered an internal and sacrific injury, etc. for about 1 week of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident (C, D);

1. A traffic accident report, actual condition investigation report, and traffic accident occurrence report;

1. Application of Acts and subordinate statutes to each medical certificate and additional medical certificate;

1. Articles 3 (1) and 268 of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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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