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(영문) 대전지방법원 2015.03.11 2014고정2209
교통사고처리특례법위반
Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. If 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 October 25, 2014, the Defendant driven the above vehicle at around 20:35, and proceeded at a speed of about 40 km from the Doe-distance off the upper side of the Domandong, Seo-gu Daejeon, Seo-gu, Daejeon, with three lanes, depending on three lanes, at the speed of about 30 km from the Doe-distance flood.

At this point, since the signal was installed, the defendant engaged in driving the motor vehicle had a duty of care to properly see the front door and the left and right of the motor vehicle and to prevent the accident in advance by safely proceeding in accordance with the new code.

Nevertheless, the Defendant neglected this and received the full portion of the victim C's D's D's D's driving car, which was proceeding in accordance with the new code, from the left-hand side of the right-hand side of the Defendant's driving direction due to the occupational negligence in violation of the signal, as the front part on the left-hand side of the Defendant's driving vehicle.

Accordingly, the defendant had the victim E, who was on board the above C or damaged vehicle, get each victim E to put about approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report;

1. An accident scene photograph;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on investigation;

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

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

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of the sentencing penalty] 20 million won or less (the decision of sentence] is disadvantageous: A favorable circumstance in which the degree of negligence is serious in violation of the signal: A confession and reflect are made; the fact that the taxi mutual aid association was admitted.

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