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(영문) 서울남부지방법원 2019.11.27 2019고정1100
교통사고처리특례법위반(치상)
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

【Criminal Records of Crimes】 On May 31, 2019, the Defendant was sentenced to a suspended sentence of two-year imprisonment with prison labor for the crime of attempted sexual intercourse, etc. at the Seoul Northern District Court, and the judgment became final and conclusive on June 8, 2019.

【Criminal Facts】 The Defendant is a person who is engaged in driving of the Dana-type taxi that is owned by the Defendant, and around October 26, 2018, around 07:00, at the end of Gangseo-gu Seoul Metropolitan Government, one-lane of the three-lane roads in the direction of the erogate in the direction of the eronomic basin in Gangseo-gu Office.

In this case, the person engaged in driving service has a duty of care to reduce the speed and drive safely according to the signals.

Nevertheless, the Defendant’s negligence, by disregarding the electric-face color signal and in contravention of the signal, caused the victim to go beyond the road by shocking the left-hand bridge part of the pedestrian E (the age of 61) to build the crosswalk from the right-hand side of the Defendant’s vehicle to the left-hand side according to the pedestrian signal.

The Defendant, by negligence in the course of performing the above duties, caused the victim to suffer bodily injury, such as fluoral and fluoral salt, which requires around three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A medical certificate;

1. Previous convictions indicated in judgment: Criminal history records, reply reports, judgment, and application of Acts and subordinate statutes as a result of case search;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts, and the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning 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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