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(영문) 서울남부지방법원 2014.09.18 2014노382
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding: The defendant did not incur injury to the victim in violation of his duty to prevent the fall of passengers as stated in the judgment of the court below.

B. Unreasonable sentencing: The sentence of the lower court (a fine of three million won) is too unreasonable.

2. Determination

A. The Defendant is a person who is engaged in driving of a taxi vehicle in Crops owned by lusular traffic.

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.

B. The lower court found the Defendant guilty on the ground that the instant facts charged was proven by ① the victim and E’s each legal statement in the lower court, ② each police statement in the victim and E, ③ the victim and E’s written diagnosis, ④ the victim’s medical certificate, ⑤ the traffic accident report (1, 2).

C. (1) The prosecutor bears the burden of proving the facts charged in a criminal trial, and the recognition of guilt is room for a judge to make a reasonable doubt.

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