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(영문) 창원지방법원 밀양지원 2014.11.13 2014고정137
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a taxi in light of light-day traffic B.

At around 21:00 on March 13, 2014, the Defendant parked a taxi in order to take the victim E (V, 64 years of age) on the road front of the D cafeteria located in Gyeongnam-gun, Gyeongnam-gun.

A person engaged in taxi driving service has a duty of care to prevent passengers from falling off the taxi by starting safely after checking passengers' boarding and unloading from the taxi.

Nevertheless, the part of the back door of the taxi operated by the defendant, which started with the back door before the victim gets on the right side, was shocked to the right side of the victim E, so that the victim's face may fall off to the floor.

Ultimately, the Defendant suffered from an injury to the victim E due to the above occupational negligence, which requires three weeks of medical treatment, such as salt ties and tensions.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A survey report on the actual condition and a medical certificate;

1. Application of statutes on site photographs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) and Article 3 (1) 10 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

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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