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(영문) 서울중앙지방법원 2018.12.05 2018고단6557
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

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 August 5, 2018, the defendant, around 03:10 on August 5, 2018, is proceeding five lanes in the direction of the shooting distance of the insolvency park in the 327 academic Dong as the bankruptcy of Gangnam-gu Seoul.

Since there is a pedestrian crossing that does not have a signal, etc. to a one-lane road, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by checking whether there is a person driving the motor vehicle using the crosswalk.

Nevertheless, the Defendant stopped due to the persons passing the crosswalk by right-hand, and neglected to go on the front, and caused the victim D (28 years old) who crossed the crosswalk to the right-hand side of the rocketing taxi due to the negligence that led to the failure to go on the front.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant’s legal statement

1. A written statement on the occurrence of D traffic accidents;

1. CCTV images to be cut;

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) 6 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;

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