(영문) 서울남부지방법원 2019.05.21 2019고단1389

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(영문) 서울남부지방법원 2019.05.21 2019고단1389

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 1, 2018, the Defendant was a person engaged in driving BM5 taxi, and was driving the said taxi on November 17, 2018, and was driving the four-lane road in front of the gas station in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, along one-lane road from the bank of Gangseo-gu to the valley basin.

At all times, there was an intersection where the vehicle signal apparatus is installed, so that the person engaged in driving of the motor vehicle had a duty of care to live well on the front side and the left and right of the motor vehicle and to safely proceed in accordance with the new code.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the floor by taking part on the left-hand side of the victim E (the 20-year-old driver) driving in the opposite lane due to the negligence of the U.S., even though the U.S. was not allowed to be a yellow signal.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the combination of high-ranking executives who need approximately 14 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of traffic accident occurrence situation in preparation E;

1. On-site survey reports, on-site photographs, black boxes, video CDs;

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

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. 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. The sentencing of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is based on the following factors: (a) the injury caused by a traffic accident; (b) the degree of illegality of Defendant’s negligence; (c) the father and degree of injury; (d) the agreement; and (e) the previous conviction other than the one-time fine; and (e) the reflectivity of all the sentencing conditions

It is so decided as per Disposition for the above reasons.

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