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(영문) 서울남부지방법원 2014.02.10 2013고정2868
교통사고처리특례법위반
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Defendant shall be punished by a fine of three million won.

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 in Crops owned by lighting transportation.

On March 24, 2013, around 03:26, the Defendant: (a) stopped on the fourth-lane road in the Yeongdeungpo-gu, Yeongdeungpo-gu, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul in the direction of the air route in the Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul. On March 24, 2013, the Defendant was making the victim D (78 years old) who is a passenger and his son in the above taxi; (b) thus, the Defendant was obliged to pay a duty of care to prevent the decline of the passenger from the vehicle by starting safely after checking the passenger’s getting on and getting off the taxi.

Nevertheless, the defendant's negligence without confirming that he was fully boarding by the passengers, and the defendant's knee and sne are moving out of the vehicle when the victim D starts the taxi in the state where the defendant drives the left taxi, and the victim got out of the vehicle.

Ultimately, the Defendant suffered from an injury to the victim, such as catum dye, requiring three weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Each legal statement of witness E and D;

1. Each police statement of E and D;

1. The part concerning E’s statement in the police statement against the defendant

1. E statements;

1. Statement of the occurrence of each traffic accident in E and D;

1. A traffic accident report (1, 2);

1. Application of Acts and subordinate statutes of a medical certificate of D;

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

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Judgment on the assertion by the defendant (defense counsel) under Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. At the time of the instant case, the Defendant (Defense Counsel) boarded the victim’s son E on the top of his son and boomed the victim into a new flag and Hand. As a result, the vehicle might scam the flag.

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