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(영문) 광주지방법원 2012.12.27 2012고단5943
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

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

On October 14, 2012, at around 05:58, the Defendant: (a) driven the said taxi and entered the front intersection of the Songpa Love Hospital located in the Songcheon-dong, Gwangju, into the entrance room of the Songcheon Love Hospital. Notwithstanding that the traffic signal in the direction of the Defendant’s progress was a stop signal, the Defendant, despite the fact that the traffic signal in the direction of the Defendant’s progress was a stop signal, by the occupational negligence of entering the intersection as it is, and by the traffic signal of the victim C (33 years old) who entered the said intersection due to the traffic signal from the invasion airport surface, was driven by the Defendant’s seat.

As a result, the Defendant suffered, by such occupational negligence, injury to the victim C, such as salt, tensions, etc. requiring approximately two weeks of medical treatment, injury to the victim E (30 years of age) who was aboard the cab of the Defendant, such as brain salinium requiring about two weeks of medical treatment, and injury to the victim F (26 years of age) such as salinium salinum, etc. requiring about ten weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident prepared C;

1. Five pages of a survey report on actual conditions and evidence and photographs of the scene of the accident;

1. Application of two copies of a medical certificate (C), each medical certificate (F, E) and other Acts and subordinate statutes;

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 (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims F with the largest penalty);

1. Selection of an alternative fine for punishment;

1. The reason for sentencing of Articles 70 and 69(2) of the Criminal Act requires a strict punishment against the defendant in light of the following: (a) the defendant caused an accident by gross negligence and caused injury to the victims; and (b) the victim of the accident was seriously injured for about ten (10) weeks in need of medical treatment.

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