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(영문) 서울중앙지방법원 2016.10.18 2016고정1999
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of two 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 the duty of driving a rocketing taxi.

1. Around 21:00 on March 21, 2016, the Defendant driven the said taxi on the backway of the E convenience point located in Dongjak-gu Seoul Metropolitan Government D, and proceeded toward the direction of the upper Do road from the front side of the new e-mail basin.

In this case, the driver of the motor vehicle has a duty of care to accurately operate the steering system, brakes and other devices of the motor vehicle, and to properly see the traffic conditions of the road and the right and the right and the right of the road and to prevent the accident from spreading.

Nevertheless, the defendant neglected to do so and caused the collision between the left side of the proceeding direction and the left side of the victim F (71 years of age, women) who cross the road to the right side of the road.

In this sense, the defendant suffered approximately two weeks of medical treatment to the victim through occupational negligence as above.

2. The Defendant, like in the preceding paragraph, driven the said rocketing taxi without a driver’s license of approximately 15 km from the street in the vicinity of the parking lot for 203 South-west-ro, Gangseo-gu, Seoul, to the point of the said accident.

Summary of Evidence

1. Partial statement of the defendant;

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

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. Application of the statutes on the register of driver's licenses;

1. Article 3 (1) and the proviso of Article 3 (2) and (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, the selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

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