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(영문) 인천지방법원 부천지원 2017.09.08 2017고정746
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-si.

On May 8, 2017, the Defendant driven the above taxi at around 20:37, while making a left turn to the west of the 406 Chuncheon-si intersection from the west-si basin of the sports complex.

Since there is an intersection with a signal apparatus, there was a duty of care to safely drive the person engaged in driving service in accordance with the signals.

Nevertheless, the Defendant neglected to turn to the left by his negligence in violation of the signal and received the part prior to the left-hand part of the victim C(Y, 48 years old)’s fright-wing car running from the south of the intersection to the station of the off-west comprehensive playground. The Defendant received the part prior to the left-hand part of the fright-hand part of the said taxi driving by the Defendant.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim E (the victim 53 years old), who is the said cab passenger, on the ground that there is no room for the said victim to receive approximately 2 weeks of medical treatment, and suffered injury, such as light salt, which requires approximately 3 weeks of medical treatment, on both sides of the shoulder that require approximately 64 weeks of medical treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement A, E, and G;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes of photograph, black box, CD(s)

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

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

1. Selection of an alternative fine for punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant caused the instant traffic accident by negligence by failing to make a left-hand turn in violation of the signal; the degree of the negligence is significant; the degree of the accident is not minor; and the degree of the same crime is less favorable to the fact that there is a history of punishment for the same kind of crime.

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