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(영문) 서울중앙지방법원 2015.04.14 2015고정1059
교통사고처리특례법위반
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

On March 8, 2014, at around 04:10, the Defendant driven a B rocketing taxi and proceeded along two-lanes from the original elementary school to the scambly distance of the Silcheon-ro, Seoul Special Metropolitan City.

Since there is an intersection where signal lights are installed at the front of that place, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a motor vehicle passing through the intersection by reducing speed and checking the front side well, and there was a duty of care to prevent the accident in advance by driving safely according to the traffic signal.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed in violation of the signal while the cross-road signal is changed to the stop signal, and there was a conflict between the victim C(56 years old), who is going to cross-section under the new name in the direction of the Seoul Metropolitan Access Area, from the direction of the Seoul Access Area (56 years old), with the front part of the taxi in front of the taxi in front of the Defendant driving.

As a result, the Defendant suffered, by negligence in the course of performing duties, the injury to the victim C (the 56-year-old) who is a driver of the victimized vehicle, such as the frame, etc. of the franchisium, and the injury to the victim E (the 27-year-old) who is a taxi passenger, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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