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(영문) 서울중앙지방법원 2013.08.12 2013고정3338
교통사고처리특례법위반
Text

The sentence against the accused shall be determined by a fine of KRW 1,200,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On April 28, 2013, at around 01:45, the Defendant driven a B rocketing business taxi, and driven a three-lane road of Dobong-do 1662-37, Seocheon-gu, Seoul Special Metropolitan City along the direction from the rear side of the Seoul National University to the south circulation.

At that place, there is an intersection where signal lights are installed.

In such cases, the driver of a motor vehicle has a duty of care to confirm whether there is a motor vehicle traveling along the intersection by reducing speed and checking the side well, and to prevent accidents by driving safely according to the traffic signal in advance.

Nevertheless, even though the Defendant neglected this and the signal was changed to a stop signal, the Defendant continues to proceed at the same speed in violation of the signal.

From the right side of the proceeding to the left side of the victim C(32 years of age) who is driving by the crossing in accordance with the signals, conflicts with the top side of the Dunettop vehicle into the front part of the taxi of the defendant.

As a result, the Defendant suffered injury to the driver of the damaged vehicle C, such as salt ties and tensions in need of a medical treatment for about 3 weeks due to occupational negligence, and the passenger E (27 years old, female) who was on board the Defendant’s vehicle, for 14 days in need of a medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in C and E preparation;

1. A traffic accident report;

1. Image image at the time of an accident;

1. Application of Acts and subordinate statutes to medical certificates, diagnostic certificate, and diagnostic certificate;

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 criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 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 is recognized and reflected, and there is no record of criminal punishment in the last ten years.

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