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(영문) 광주지방법원 순천지원 2016.08.31 2016고단571
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

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

On January 28, 2016, the Defendant proceeded at a speed of two lanes between the 19:05 and the 19:05 and the 3rd apartment of the 19:05 and the 3rd apartment of the 3rd apartment of the 19:05.

At this time, there is a pedestrian crossing without signal lights, and in such a case, there is a duty of care to check whether there is a person who gets on the way to reduce speed and check the right and the right and the right and the right and the right of the driver.

Nevertheless, the defendant neglected this and proceeded with the victim E (the age of 61) who cross the crosswalk from the right side to the left side by his negligence.

Ultimately, the Defendant suffered injury to the victim, such as the need to give approximately 12 weeks of treatment due to occupational negligence as above.

Summary of Evidence

The application of the law to the defendant's legal statement E of traffic accident report, on-site evidence photographs, and the examination of black stuff images

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

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

3. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Aggravated Punishment Order, the Defendant shocked the victim at the crosswalk, and the degree of injury inflicted on the victim.

However, the punishment shall be determined in consideration of sentencing factors favorable to the defendant, such as the fact that the defendant reflects the defendant's mistake, the vehicle driven by the defendant is subscribed to the taxi mutual aid association, the injured person does not want the punishment of the defendant in agreement with the victim, and the defendant has no record of criminal punishment other than that sentenced to a fine of KRW 100,000 due to the violation of the Act on the Establishment of the Local

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