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(영문) 서울동부지방법원 2020.09.17 2020고단1752
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B rocketing taxi.

On May 23:10, 2020, the Defendant driven the above taxi on the front of Seongdong-gu Seoul Metropolitan Government on the road, leading the taxi to the right-hand side of the flow distance at the right-side of the intersection.

The place was a crosswalk where a signal apparatus was installed on the front door, and there was a pedestrian signal at the time, so in such a case, the person engaged in the driving of the motor vehicle was obliged to safely drive the motor vehicle and prevent the accident in advance by checking whether there is a person who gets on the front door and the right and the right of the motor vehicle and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected to neglect on the right side and the right side and left side by shocking the victim D (the south and the age of 56) who walked to the left side of the direction of the Defendant along the crosswalk, and caused the victim to go beyond the ground floor.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the left-hand majority of the 12 weeks of treatment, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. The actual condition of traffic accidents;

1. A medical certificate;

1. Investigation report (the cause of the accident);

1. Application of Acts and subordinate statutes to a report on investigation (verification of black stuffs);

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts and the selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is based on the following factors: (a) the Defendant’s age, character and conduct, environment, motive of the crime, relationship to the victim, means and consequence of the crime; and (b) the various sentencing conditions as shown in the records and arguments, including the circumstances after the crime, shall be determined as ordered

The favorable circumstances: recognizing a crime and reflecting a mistake;

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