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(영문) 서울남부지방법원 2019.02.19 2018고단5711
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 9,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On March 22, 2018, the Defendant was sentenced to a suspended sentence of two years on June of imprisonment without prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Seoul Eastern District Court, and the judgment became final and conclusive on March 30, 2018.

【Criminal Facts】

On September 6, 2018, the Defendant driven B rocketing taxi on September 23:02, 2018, and continued three lanes of the four-lane roads adjacent to the intersection of the horse-saly distance in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, with the view to the view to the view of the view of the city-saly distance.

At the time, the passage of the surrounding view was at night and in the night, and there was an intersection where signal apparatus was installed in the front door. In such a case, the driver has a duty of care to safely drive according to the traffic signal and prevent the accident in advance. In such a case, the driver has a duty of care to safely prevent the accident by driving the vehicle in accordance with the traffic signal.

Nevertheless, the Defendant, while neglecting the above duty of care, was driven by the victim C(39 years of age) who started to turn to the left from the opposite direction due to the negligence in contravention of the stop signal, and was driven by the victim C(39 years of age) in front of the rocketing taxi.

Ultimately, the Defendant, by occupational negligence, caused the victim C to suffer bodily injury, such as catum salt in need of treatment for about two weeks, and the victim E (the 36-year-old age-old age-old) who was aboard a rocketing taxi, suffered bodily injury, such as the heat in the upper order where the number of treatment days cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. Blukbbox cream;

1. Each written diagnosis;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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

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

1. Selection of penalty;

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