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(영문) 부산지방법원 2019.06.21 2019고단1675
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 person engaging in driving a rocketing taxi.

On April 5, 2019, the defendant driven the above taxi on April 00:12, 2019, and led to the driving of the above taxi on the main line from the D market surface to the main line.

Since there is an intersection where a signal is installed, there was a duty of care to safely drive the driver in accordance with the signals by reducing the speed and by properly examining the right and the right of the driver.

Nevertheless, the Defendant neglected this and did not temporarily stop on a red on-and-off signal immediately before the stop line and did not stop on the red-off signal, and received the FK5 cab front portion of the victim E (the age of 61) driving driving driving from the right side of the Defendant’s direction to port from the yellow on-off signal.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim E, such as brain dead in the absence of at least 3 weeks of medical treatment, and suffered injury to the victim G (the victim 41 years of age), who is the passenger of the victim E driving, of approximately 2 weeks of medical treatment, such as the chills and tensions and tensions of the detailed unknown parts, and suffered injury to the victim H(38 years of age) who is the passenger of the above rocketing taxi, for approximately 2 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes of one motor vehicle accident report (actual survey report), one diagnosis certificate, one H diagnosis certificate, and one G diagnosis certificate;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment (the degree of injury of victims, the membership in the I.S., and the defendant's primary offender, etc.);

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

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