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(영문) 인천지방법원 2020.10.07 2020고정1421
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

The Defendant is a person engaged in rocketing taxi driving service.

On January 2, 2020, the Defendant driven a taxi on January 2, 2021:02, and driven the front road of the exit 162 in the 162 East Incheon Gyeyang-gu, along the direction of Gyeyang-gu, according to four-lane distance from the operational station.

Since the two-lanes of the above three-lanes and four-lanes of bus exclusive lanes are installed, the defendant has a duty of care to prevent accidents by safely driving by operating direction direction, etc. in advance so as not to obstruct the passage of other vehicles running in the direction of the change even in cases where the lane is inevitably changed.

Nevertheless, the Defendant neglected this and neglected to change the course to a three-lane, thereby resulting in the victim C (year 47) driving along the three-lanes in the rear side, and received the front portion of the Drewing Motor Vehicle as the front part of the Defendant’s vehicle.

The Defendant suffered injury, such as saved salt saves that need approximately two weeks of treatment by occupational negligence, to the victim.

Summary of Evidence

1. The police's statement of the defendant C in court;

1. Application of Acts and subordinate statutes to a certificate of actual survey;

1. Relevant legal provisions and the proviso to Article 3 (1), Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents for Specific Crime, Article 268 of the Criminal Act, the selection of fines (to the extent that the injured party requires approximately two weeks of medical treatment, the accused does not have the same career, and the vehicle driven by the accused is admitted to E, etc.);

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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