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(영문) 서울중앙지방법원 2017.09.13 2017고정1784
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On April 12, 2017, the Defendant, around 18:40 on April 12, 2017, passed the front road of the 41st half of the Seocho-gu Seoul Metropolitan Government New Distribution, along the two-lanes of the three-lanes, from the high speed terminal room.

Since the location is where a bus-only lane is installed, a person engaged in driving service has a duty of care to safely drive the bus along the bus line so that the person engaged in driving service does not intrude the bus-only lane.

Nevertheless, the Defendant neglected this and neglected the exclusive bus lanes, thereby resulting in the failure of the Defendant’s failure to drive the exclusive bus lanes, and received the front door of the DV bus driving by C, in front of the right side of the route bus, from the left side of the Defendant.

Ultimately, the Defendant suffered, by its occupational negligence, the injury to the victim E (V, 39 years old), who is the passengers of the damaged vehicle, such as climatic salt, tensions, etc. in need of a three-day medical treatment, the injury to the victim F (V) of climatic salt and tensions requiring a two-day medical treatment, and the injury to the victim G (V, 50 years old) of climatic salt, tensions, etc. in need of a two-day medical treatment, and the injury to the victim H (V, 55 years old) of climatic salt, etc. in need of a two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. One and two traffic accident reports, reports on the occurrence of a traffic accident, written statements of the occurrence of each traffic accident, the ledger of driver's licenses, accident vehicles, and on-site photographs;

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

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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