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(영문) 서울중앙지방법원 2017.11.22 2017고정2934
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of K5 si.

On July 21, 2017, the Defendant was driving the above vehicle around 10:10 on July 21, 2017, and the Defendant was driving at the center of Seocho-gu Seoul Central District Court, Seocho-gu, 157 Seoul Central District Court or the front of the road in front of the Dong-gu Seoul Central District Court, with a view to getting off passengers who were on the back seat while driving it.

In this case, a person engaged in driving service has a duty of care to prevent passengers from falling off the taxi by safely starting the door after checking passengers' getting on and off the taxi.

Nevertheless, the defendant neglected this and did not confirm the passenger's getting on and off without properly examining the passenger's getting on and off the taxi, and the victim C (V, 74 years old) who was getting on and off the taxi was reduced to the road.

Ultimately, the Defendant suffered injury to the victim, such as “influent salt influor,” which requires approximately two weeks of medical treatment, on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report, a statement on the occurrence of a traffic accident, or a statement on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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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