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(영문) 광주지방법원 2014.04.24 2014고단617
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in the duty of driving a B K5-use taxi belonging to Gwangju-si.

On January 22, 2014, at around 09:30, the Defendant proceeded at a speed of about 60 km from the 4-lane to the spatch distance from the catch of salt-based sports center in Seo-gu, Seo-gu, Seo-gu, Gwangju, at a speed of about 60 km per hour.

At this point, the intersection where traffic is controlled by the signal, etc. is installed.

In such cases, the driver of a motor vehicle has a duty of care to check whether there is a motor vehicle driving through an intersection by checking the front side well, and to safely drive the motor vehicle in accordance with the traffic signal and instruction so as to prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded in violation of the signal while driving a red stop signal on the front side, and the victim C(39 years of age) who was in a direct progress according to the front line signal was driven by the victim C(39 years of age) who was driving in the front line of the vehicle in front of the front line of the vehicle under the influence of the vehicle under the direction of the victim.

The Defendant, by such occupational negligence, suffered injury to the above C, such as a fluoral aggregate, climatic salt, tension, etc., which requires approximately seven weeks of medical treatment, and injury to the victim E (V, 30 years of age), who was aboard the back of the taxi fluorial seat of the Defendant, due to approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to the actual survey report and each medical 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 facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrence and the choice of punishment (a punishment provided for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with heavier punishment) and the selection of a fine.

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