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(영문) 서울중앙지방법원 2012.09.27 2012고정4427
교통사고처리특례법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a taxi vehicle B for rocketing other business purposes.

On May 8, 2012, the Defendant driving the above vehicle at around 10:50 on May 10, 2012 and proceeding along a road of one lane adjacent to the Dong-gu, Jongno-gu, Seoul, Jongno-gu, pursuant to 5-79.

The right turn to the left at the speed of about 30 km at the speed towards the two-way apartment at the intersection.

Since the location is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to reduce speed, to live well on the right and the right, and to prevent accidents in advance by driving safely in accordance with the signals.

Nevertheless, the Defendant neglected this and instead received the front part of the Defendant’s vehicle’s front part of the taxi vehicle for the use of the Category C(63 years old) driving of the victim C(63 years old) who was normally going to turn to the left on the right side on the side of the mast apartment, in contravention of the signal, while the vehicle signal was redly cut off.

In the above occupational negligence, the Defendant suffered injury to the above victim, such as finite dye, which requires treatment for about two weeks, and suffered injury to the victim E (the victim 22 years old), who is the passenger of the Defendant vehicle, such as cinite dye, tension, etc. requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement on the occurrence of traffic accidents, actual state supplement statement against E;

1. A traffic accident report;

1. A letter of diagnosis and facsimile;

1. Application of the Acts and subordinate statutes on screen pictures by field, vehicle photographs, and closures at the time of accident;

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 facts constituting an offense;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

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