(영문) 서울북부지방법원 2014.10.14 2014고단2870

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(영문) 서울북부지방법원 2014.10.14 2014고단2870

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On July 31, 2014, the Defendant driven the above taxi on July 05:00, and turned the four-lane road of 346 km-ro, Jung-gu, Seoul, Jung-gu, Seoul, with two-lanes from the uppermost basin to the 40km-distance long distance.

At the time, it is night and its location is the exclusive bus road and the center line of yellow-line is installed, and in this case, a person engaged in driving service has a duty of care to keep the center line from being invaded.

Nevertheless, the injured party C (the aged 16) who was driving in the upper half of the 125 cc U.S. driving in the upper half of the back of the defendant's second right, where the center line was intruded by the fault of the U.S. and carried the opposite side due to the negligence of the U.S. line.

Ultimately, the Defendant suffered from the victim’s injury, such as pressure pressure pressure for 2 weeks in need of approximately 12 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

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

1. The report on traffic accident (the actual survey report);

1. Each written diagnosis;

1. Photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

The reasons for sentencing include: (a) the Defendant neglected his duty of care in the front line as well as the duty of care in the front line, causing a relatively serious injury to the victim by causing the instant accident; and (b) the Defendant is unable to agree with the victim; (c) however, the Defendant has no record of punishment in addition to the fact that he was punished by a fine due to the violation of the Establishment of Homeland Reserve Forces Act

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