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(영문) 대구지방법원 2016.06.23 2016고단1507
교통사고처리특례법위반
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

The Defendant is a person who is engaged in driving a rocketing taxi.

On January 16, 2016, the Defendant driven the above taxi on the front road located in Gyeonggi-do, 09:40 on the road located in Gyeonggi-do, and stopped in order for passengers to board the taxi on the front side of the F, located in Gyeonggi-do, and proceeding along the one-lane road from the border of the Gyeongsan-do, to the intersection of the park.

At that time, the defendant was to start the taxi back again, and thus, the person engaged in driving service was obliged to take a duty of care to prevent passengers from falling off the taxi by safely departing from the taxi after checking passengers' getting on and off and getting off the taxi.

Nevertheless, the Defendant neglected this and caused the victim G (the age of 81) (the age of 81) who was trying to board the said taxi to go beyond the road after getting out of the taxi.

As a result, the Defendant suffered injury to the victim, such as cutting down the upper part of the body to the right-hand end, which requires approximately six weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A survey report on actual conditions;

1. On-site photographs and CCTV photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Selection of a selective fine for punishment (the election of a defendant driving vehicle, other than being admitted to the mutual aid association, shall be taken into account that it has agreed separately with the victim, and that it has no record of committing a crime, other than that subject to punishment twice (1989 and year 199) by a fine for old time);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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