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(영문) 의정부지방법원 고양지원 2013.04.04 2013고단28
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving of a taxi for business use B.

On August 18, 2012, the Defendant driven the above vehicle at around 01:18, and proceeded along the two-lanes from the west village to the west (including the two-lanes prior to the intersection) along the intersection of the “scopic mountain zone” located in the wind dong-gu, Mangsan-si.

In this case, a person engaged in driving service has a duty of care to drive safely with due care for other traffic by temporarily stopping the right and the right immediately before the intersection in the case of a red light.

Nevertheless, the Defendant neglected this and did not temporarily stop in violation of the signal and did not temporarily stop the part on the front left side of the Do private taxi operated by the victim C in accordance with the yellow light on-and-off signal from the direction of the Mansan Pung Station to the East Pungsan Hospital.

Ultimately, the Defendant, by negligence in the above occupational negligence, suffered injury to the above victim C (57 years of age), such as salt fats, etc. in need of treatment for about two weeks, and injury to the victim E (51 years of age), who is the passenger of the victimized vehicle, such as catum fats requiring treatment for about two weeks, and the victim FF (38 years of age), who is the passenger of the Defendant driving taxi, for about two weeks of treatment, such injury as salt fats and tension in the right hand part requiring treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with the largest penalty);

1. Selection of an alternative fine for punishment;

1. The Criminal Act for the detention of a workhouse;

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