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(영문) 대구지방법원 2018.11.15 2018고단2274
도로교통법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaging in driving a B rocketing taxi.

On April 4, 2018, the Defendant driven the above taxi on April 14:4, 2018, and led the four-lane road in front of the white-gu, Daegu Northern-dong, Inc. to drive the four-lane road in the direction of the Nowon-gu, Daegu-gu, to drive the four-lane road in the direction of the Nowon-gu, U.S., the four-lane road in the direction of the Nowon-gu.

In such a case, there was a duty of care to prevent a person engaged in driving service from driving in a state that he/she is unlikely to drive normally due to overwork, disease or drug and other reasons.

Nevertheless, the Defendant’s negligence of driving a stroke after taking a drug related to high blood pressure, which is a stroke, caused damage to the victim’s property in total amounting to KRW 60,63,017 as indicated in the attached Table of Crimes, including damage to the utility pole owned by the victim, as the electric wires, which were integrated with four-lanes of electric poles, in which the price of the electric telegrams exceeds the road due to the shock of the price of the electric poles over the road, and the price of other electric telegramss in the vicinity, are in the chain of a road, and thus, the amounting to approximately KRW 46,732,727 as the repair cost is in excess of KRW 46,72,727.

2. The facts charged in the instant case are crimes falling under Article 151 of the Road Traffic Act, and the case where the insurance or mutual aid is subscribed to pursuant to Article 4(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, a public prosecution may not be instituted.

However, according to the records of this case, the Korean Electricity received KRW 17,175,910 from the Federation of the Korean Taxi Transport Business Association and expressed its intention to punish the Defendant, and the total amount of damages of the other victims is KRW 13,930,290. Thus, the total amount of damages caused by the accident of this case is within the scope of KRW 50,000,000, which is the amount of compensation per accident of this case.

Therefore, the full amount of compensation for the damage caused by the traffic accident of this case.

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