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(영문) 청주지방법원 제천지원 2017.11.16 2017고단266
교통사고처리특례법위반(치상)
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 person engaging in driving a rocketing taxi.

On July 15, 2017, the Defendant driven the above vehicle at around 11:00 and started the road in front of Docheon City.

The driver of any motor vehicle has a duty of care to take necessary measures such as opening the door accurately in order to prevent any person on board or getting on or off the motor vehicle from falling off.

Nevertheless, the Defendant neglected this and did not confirm the full boarding of the victim E (78) on the back seat of the above vehicle, so the victim started from the si in the si where he was placed on the si, and the Han River in the region where he was placed on the ground and made the victim go beyond the victim on the ground.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the mouths, closure, etc. of the center of the right ske, which requires a ten-day treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of traffic accidents, actual investigation reports, investigation reports, and investigation reports (to hear statements from victims by telephone);

1. A written diagnosis of victims (E);

1. Application of the Acts and subordinate statutes on photograph description;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered by taking into account the following circumstances:

The fact that a taxi driver suffered injury to a victim in violation of the duty to prevent the fall of passengers, the fact that the degree of injury suffered by the victim is deemed to be weak, and that the victim does not want the punishment of the defendant, and there is no record of crime.

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