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(영문) 서울중앙지방법원 2016.02.05 2015고단7781
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On October 26, 2015, the Defendant driven the above taxi around 04:20 on October 26, 2015, and proceeded at a speed of about 60km in speed, depending on three-lanes towards the breadth of the southwest-gu Seoul Metropolitan City along the breadth of the Do.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to check whether a person engaged in the driving of a motor vehicle has a road by reducing speed and by properly examining the right and the right and the right of the motor vehicle and to safely drive the motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and did not change the vehicle driving signal to the stop signal, and did not proceed as it is, the Defendant received the victim D (62 years old) who was boarding a bicycle on the left side from the right side of the Mad taxi to the left side, and the victim E (21 years old) who was crossing the crosswalk pursuant to the pedestrian signals and pedestrian signals, and got the victim E (21 years old) to the right side of the si in front of the Defendant taxi.

As a result, the Defendant suffered from the above occupational negligence that caused injury to the victim D, i.e., a fresh disorder, etc., in need of at least 12 weeks of medical treatment, and injury to the victim E, such as a slick dump, which requires approximately 4 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Photographs of an accident vehicle;

1. A photograph by cutting down the disaster image;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Selection of a selective fine for punishment (the defendant pays 8 million won to the victim D for compensation for damage, and the above victim does not want the punishment of the defendant under an agreement with the above victim shall be considered: Provided, That the defendant walk along the crosswalk in violation of signals;

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