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(영문) 서울중앙지방법원 2014.12.23 2014고정5186
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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.

At around 02:50 on August 21, 2014, the Defendant driven the above taxi and driven the two lanes between the four-lanes in front of the Southern-gu Seoul Seocho-gu, Seocho-gu, Seoul, at the speed of about 70km from the breadth to the breadth.

At the time, the front door of the road was in the state of night and raining, and there was a speed of 48 km speed at that time, and in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brakes, while checking whether a person engaged in driving a motor vehicle has a duty of care to observe the restricted speed and properly see the front door and the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and found the victim C (the age of 54) and the victim D (the age of 47) who moved to the right from the left-hand side of the road without permission at a speed exceeding 22 km per hour. In order to avoid this, the Defendant was faced with the injury of the victims, such as the right-hand slot pipe, the high-frequencyr, etc. requiring approximately 8 weeks of treatment to the victim C, and the victim D, respectively, suffered from the injury of the victim, such as the cutting of a pelle, etc. which requires approximately 5 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident under D or C;

1. The actual condition survey report;

1. Data from weather observations;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to screen pictures by cutting booms and video images of vehicles;

1. Article 3 (1) of the relevant 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 Concurrent Crimes (the punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with heavy circumstances);

1. Selection of a fine for negligence;

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