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(영문) 서울동부지방법원 2014.02.03 2013고단3242
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the duty of driving a rocketing taxi.

Around 05:50 on November 7, 2013, the Defendant driven the above taxi and proceeded three lanes on the three-lane road of the 349-1 front of the Seoul Gwangjin-gu Seoul Special Metropolitan City Automatic Do from the Gun guard to the about 10km speed from the Gun guard to the about 10km.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the left side of the motor vehicle, and to accurately operate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and proceeded with only a change of the front line to a green signal, and caused the death of the victim from the F Hospital located in Gwangjin-gu Seoul Special Metropolitan City to the front part of the bicycle right part of the bicycle driving by the victim D (the age of 56) who was crossinged by getting a bicycle on the right side of the crosswalk green line from the left side of the taxi driving direction to the right side of the crosswalk green line.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on traffic accidents and a report on actual condition;

1. Photographs (fields, black boxes, etc.);

1. Statement of the police inspection;

1. Application of Acts and subordinate statutes to death certificate or photographs of the deceased;

1. Relevant provisions of the Acts concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing of Articles 70 and 69(2) of the Criminal Act is that the victim died and the result of the accident is very serious is that it is disadvantageous to the defendant.

However, when a bicycle rider crosss the road using a crosswalk, he/she shall get off the bicycle and walk the bicycle (Article 13-2 (6) of the Road Traffic Act), and if the pedestrian signal is a green light signal, he/she shall cross the bicycle even if it is a pedestrian.

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