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(영문) 서울동부지방법원 2015.07.03 2015고정914
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaged in rocketing taxi driving service.

On March 23, 2015, the Defendant driven the above vehicle around 00:30,00, while driving it along the two lanes from the side of the tri line distance from the tri line to the two-lane distance.

Since a crosswalk and a safety zone are installed, a person engaged in driving service has a duty of care to prevent accidents by safely driving without checking safety signs by properly checking the front and rear left, and driving the safety zone.

Nevertheless, the Defendant neglected to do so and did not find the DNA rocketing taxi driven by the injured party C (Nam, 77 years old) who was in a straight line at a one-lane of the safety zone, and did not conflict with the front part of the vehicle driven by the injured party with the front part of the left side of the vehicle driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim C, such as catum salt in need of approximately three weeks’ medical treatment due to occupational negligence as above, and injury to the victim E (ma, 42 years old) who was accompanied by the damaged vehicle, such as cerebral satum in detail as to which detailed medical treatment is required for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident in C and E;

1. A traffic accident report (1) (1)

1. Each written diagnosis;

1. Written estimate of motor vehicle;

1. Application of the photographic Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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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