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(영문) 서울북부지방법원 2016.12.08 2016고단2997
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 vehicle.

Around 00:20 on March 7, 2016, the Defendant driven the above taxi and proceeded at a speed of about 60 km from 150km to 154 meters at the sloping intersection in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, through the direction of the direction of the city at a speed of about 60 km from the sloping intersection to the sloping intersection.

At the time, the signal was installed at night and at the same time, so the defendant engaged in driving service has a duty of care to properly see the front and rear left, observe the signal system, and safely manipulate the steering direction and brake system, and prevent the accident from occurring.

Nevertheless, the Defendant neglected such duty of care and neglected to discover the victims E (the 55 years old and 58 years old) and F (the 58 years old and 58 years old) unclaimed on the right side of the Defendant’s vehicle due to the negligence in violation of the signal, even though the direct truth signal was changed to yellow, and the Defendant was sent victims to the front part of the Defendant’s vehicle.

After all, the Defendant suffered injury to the victim E in the course of such occupational negligence, including the injury of both franchis, which requires approximately eight weeks of treatment, and the injury of the victim F, such as the injury of the side spawn in the right spawn, which requires approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. The actual survey report on traffic accidents;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the Road Traffic Authority comprehensively analyzing traffic accidents;

1. Article 3 (1) and 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 Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) does not have the same criminal records for the defendant, and the vehicle driven by the defendant is admitted to the taxi mutual aid association.

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