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(영문) 부산지방법원 2017.09.20 2017고정1513
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is a taxi driver for business use B.

On September 27, 2016, the defendant driving a taxi for the above business on the 21:30 on September 27, 2016, and led to the passage of D in front of Busan, Jin-gu C from the citizen center to the airspace of the airspace conference.

At the same time, there was a duty of care to prevent traffic accidents by temporarily stopping the vehicle prior to the entry into the intersection and confirming whether there is a vehicle going through the intersection.

Nevertheless, the Defendant neglected such duty and went to the right side of the vehicle by the victim E (67 ) driving on the right side of the peaceful market from the Mat, the right side of the Mat, which is the direction of the course of the Mat, without any temporary stop.

As a result, the injured vehicle G (n, 55 years old) suffered injury in need of approximately 2 weeks of medical treatment due to the clocks, tensions, etc. from the injured vehicle G (n, 69 years old), and the victim H (n, f9 years old) of the injured vehicle in need of medical treatment for about 8 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The police investigation report (as to the diagnosis report of the victim H):

1. A report on internal investigation by the police (on-site reports on temporary inspection);

1. A traffic accident report;

1. Application of Acts and subordinate statutes to each written diagnosis of damage;

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. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing is to be mitigated than the summary order by comprehensively taking into account the following circumstances: (a) the background leading up to the instant crime; (b) the equality of the sentence imposed in a similar case; and (c) the Defendant’s age, sex, environment; (d) motive, means and consequence of the crime; and (e) the circumstances after the crime.

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