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(영문) 서울남부지방법원 2020.08.26 2020고정448
교통사고처리특례법위반(치상)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person engaged in Launa Private Taxiing Service.

On October 30, 2019, the Defendant driven the above vehicle at around 10:20 on October 30, 2019, and led the front road of the D Hospital in Guro-gu Seoul to proceed from the direction of the E apartment to the center.

Since there are crosswalks where a temporary stop sign is installed at each front door, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a motor vehicle driving duty to reduce the speed and to properly check the front side of the motor vehicle, and to safely drive the motor vehicle according to the signals and instructions indicated by traffic safety facilities.

Nevertheless, when the Defendant was negligent in proceeding without temporarily suspending, the Defendant got the Victim F (V, 69 years of age) who was riding a bicycle from the right side of the crosswalk to the left side, and was in front of the Defendant’s driving vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as light and urine, which requires around three weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Application of Acts and subordinate statutes to Defendant's partial statement, traffic accident report pictures, and diagnosis reports;

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

1. Penalty of one million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the suspended sentence of sentence (Article 59(1) of the Criminal Act provides that it was not easy for the victim to distinguish the sign from the direction of the defendant's driving, because the sign of temporary stop is installed under the trees at the right end of the crosswalk (Evidence No. 16 of the Record). The victim was involved in the instant accident while he did not wear human life protection equipment at the time, and the victim was involved in the instant accident, and such mistake may also be deemed to have caused the occurrence of the accident or the expansion of damage. The above taxi is a comprehensive insurance

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