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(영문) 서울북부지방법원 2016.09.29 2016고단2577
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a taxi engineer who is engaged in driving CYF Launa car.

On February 7, 2016, the Defendant driven the above taxi on February 02:15, 2016, and driven the three-lanes of the road in front of the 214 North Korean church, Gangnam-gu, Seoul, Gangnam-gu, Seoul, at the speed of about 84 km each hour, along three-lanes from the north Korean church.

At the same time, the speed of restriction is 60km every hour, and the crosswalk is installed in the front door, and at the same time, it is not clear that the night zone is visible. In such a case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by checking whether there is a person walking the crosswalk in the front door by complying with the speed limit by reducing the speed and by properly examining the front door and the left and right of the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded at a speed exceeding 24 km every hour, but did not discover the victim D (46 cm) who cross the above crosswalk without permission from the right side of the defendant's running direction, and did not have the victim D (46 cm) who crosss the above crosswalk to the right side of the defendant's driving direction, and had the victim's body part go beyond the ground after receiving the victim's body part prior to the left side of the above taxi operated by the defendant.

In this regard, the Defendant suffered the opening of the upper right frame, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reporting of a traffic accident (1) (2);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to comprehensive traffic accident analysis replies and investigation reports ( acceptance of comprehensive traffic accident analysis reports);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, and Article 268 of the Criminal Act (Optional to Penalty)

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

1. The defendant's vehicle driven by reason of sentencing in Article 334 (1) of the Criminal Procedure Act is admitted to the taxi mutual aid association, and the defendant is the defendant.

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