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(영문) 춘천지방법원원주지원 2020.09.17 2020고정157
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 K5 si.

On October 30, 2019, the Defendant driven the above taxi on October 30, 2010, and continued to enter the intersection without temporarily suspending 19, 00 YY from C department stores to D apartment color extinction signal.

At the same time, the victim E (n. 40 years old) operated a F knife car and was straighted by the yellow on-and-off signal from the right side of the Defendant’s running direction to the left side, so the person engaged in driving of the vehicle has a duty of care to yield the course to the vehicle, if there is such a vehicle, by temporarily suspending the vehicle in accordance with the red on-and-off signal, and by sufficiently examining whether there is a vehicle entering the intersection.

Nevertheless, the Defendant neglected this and got the part of the victim's driver's vehicle driving in front of the taxi right-hand part of the taxi driving by the negligence of entering the intersection as it is.

Ultimately, the Defendant suffered from the victim G (n, 42 years of age) who boarded a taxi operated by the Defendant due to the foregoing occupational negligence for about two weeks of medical treatment, and suffered injury to the said victim E, such as cerebral sye, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Police suspect interrogation protocol of the defendant E in court statements;

1. Application of Acts and subordinate statutes to a medical certificate (G), a medical certificate (E), a survey report on actual condition of an accident site photograph (related to the victim G statement);

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 criminal facts;

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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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