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(영문) 서울중앙지방법원 2016.04.15 2016고단1070
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Defendant

A is a person who drives a taxi in a small-scale corporation B.

On January 22, 2016, around 02:40, the Defendant proceeded straight at the front of Gangnam-gu Seoul Metropolitan Government, the top of the crosswalk in front of the Seoul Metropolitan Government, at the shooting distance of the bankruptcy park, at the speed of five lanes from the customs distance direction to the speed of the Si, from among five lanes.

Since there is a crosswalk with signal apparatus, in such a case, there was a duty of care to check whether a person engaged in driving service has a road, and to safely drive the road by reducing speed, taking the front door and left door well and observing the signal.

Nevertheless, due to the negligence of the sudden progress of the red signal, which is the vehicle stop signal, the victim D (the remaining and the age of 36) was not found to open the crosswalk to the left side from the right side of the running direction of the above vehicle, and it did not conflict with the victim's driver's driver's driver's car in front of the right side of the vehicle of the defendant to move to the road.

The Defendant suffered injury to the victim due to such occupational negligence, such as the left-hand aggregates, which requires approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A written statement on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to report internal investigation (the statement of a victim and submission of a diagnosis report of a victim);

1. Relevant legal provisions of the relevant criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act, Article 268 of the Criminal Act, and selection of fines;

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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