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(영문) 서울북부지방법원 2015.10.14 2015고정1555
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a private taxi B.

On June 1, 2015, at around 12:36, the Defendant driven the said private taxi at the three-lane road of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, 14 Eastern-do, and proceeded at a speed of about 40km in the speed of 14km in the direction of the Central Intersection in the direction of the mid-gu Intersection.

Since there is an intersection where signal lights are installed at the front of that place, in such a case, the driver of the vehicle has the duty of care to reduce the speed and to check whether the driver of the vehicle is a vehicle driving through the intersection, and to safely proceed along the traffic signal to prevent the accident in advance.

Nevertheless, even though the Defendant neglected this and the signal was changed to a stop signal, the Defendant was negligent in proceeding at the same speed, in violation of the signal, and the part of the Defendant’s personal taxi driving ahead of the instant passenger taxi driven by the victim C (A. 62 years old) who proceeded to the intersection in accordance with the new name from the right side of the Defendant’s vehicle driving on the left side of the vehicle.

As a result, the Defendant suffered injury to the victim C, such as the “finites and tensions,” which requires approximately two weeks of medical treatment by occupational negligence, and suffered injury to the victim E (V) who is the passenger of the damaged vehicle, such as “finites in the finite and tension,” which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of C and E;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

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 (1) 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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