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(영문) 광주지방법원 2017.05.25 2017고단590
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 K5 taxi drivers.

On December 22, 2016, the Defendant driven the above taxi on December 22, 2016, and led to approximately 30km in speed from the direction side of Gwangjudong-gu to the speed of about 30km, depending on the two-lanes between the two-lanes.

Since there is an intersection where a signal, etc. is installed, in such a case, there was a duty of care to check whether a person in charge of driving a motor vehicle has a duty of care to prevent an accident in advance by driving along the traffic signal before complying with and proceeding the traffic signal.

Nevertheless, the Defendant neglected this and got the victim C (23 ) who crosses the right from the left side of the running direction of the Defendant to the left side of the taxi.

As a result, the Defendant caused the victim to suffer injury, such as cutting flaverization of the right-hand expenses, which require approximately 14 weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

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

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

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case on the ground that the defendant violated the signal and suffered an injury by shocking the victim who is a pedestrian, and the nature of the crime of the defendant is not somewhat weak.

However, Article 51 of the Criminal Act, which is included in the Defendant’s age, sex, environment, circumstances before and after the crime, and other records of this case, such as the fact that the Defendant acknowledged the crime of this case as the first offender and against his mistake, the purchase of a comprehensive insurance policy, and the fact that the injured person does not want the punishment of the Defendant upon agreement with the victim, is stipulated.

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