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(영문) 대구지방법원 2015.10.16 2015고정1743
교통사고처리특례법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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 C-si.

On June 23, 2015, the Defendant, while driving the above taxi on the 09:38th day of June, 2015, stopped in order to get customers on the front and front side of the EF in Daegu Suwon-gu D.

In this case, the driver has a duty of care to prevent passengers from falling off the taxi by safely starting the door after checking passengers' getting on and off the taxi.

Nevertheless, the victim F (the 19-year old) who was on board due to negligence after neglecting this, started with the ground floor of the string and leaving the left seat of the string on the back of the string, and conflict with the victim's right side with the back wheel part of the string.

As a result, the Defendant suffered injury to the victim, such as satisfaction, satis, part-frequency, etc., which requires approximately three weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A medical certificate with respect to F;

1. Application of the Acts and subordinate statutes to the traffic accident occurrence report and the actual survey report;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the act of violating the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents shall be deemed a separate crime not recognized as identical inasmuch as the nature and content of the act, the nature of the crime, and the nature of the crime, and the legal benefits from damage, etc. of the crime. Thus, even if the person who caused the traffic accident paid the penalty after receiving a notification, it cannot be deemed as a double punishment prohibited under Article 164(3) of the Road Traffic Act (see, e.g., Supreme Court Decision 2006Do4322, Apr. 12, 2007).

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