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(영문) 제주지방법원 2019.09.18 2019고단1261
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On April 11, 2018, the Defendant was sentenced to imprisonment without prison labor for ten months and two years of suspended execution, etc. on the grounds of the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at Jeju District Court. On July 4, 2019, the Defendant’s appeal was dismissed, and the said judgment became final and conclusive on July 12, 2019.

【Criminal Facts】

The defendant is a person engaging in private taxi driver B.

At around 09:50 on May 24, 2019, the Defendant, while driving the above taxi on May 24, 2019, was driving the Han Gyeong-ri's Sari Sari-ri Sari-ri's Sari-ri's Sari-ri's Sari-ri's

Since this is an intersection, and a signal is installed, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by properly manipulating the front door, the left and right, and driving the brakes, etc., and by observing the signal, etc.

Nevertheless, the Defendant neglected this and caused the part of the back of the victim D (age 41) driving E truck, which is driven by a sleeping room in accordance with normal signal due to negligent negligence in violation of the signal, to the front part of the Defendant taxi.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each written statement D or A;

1. Application of Acts and subordinate statutes to an accident site photograph, traffic accident actual condition survey report, and diagnostic certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (trade between the crime and the crime for which judgment has become final and conclusive on July 2019);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which acknowledges and reflects his mistake.

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