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(영문) 인천지방법원 2020.11.12 2020고단6504
교통사고처리특례법위반(치상)
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 who is engaged in driving of B-si.

On March 9, 2020, the Defendant driven the above vehicle on March 12, 2020, and let passengers get off and depart from it on the road of two lanes in front of Incheon Dong-gu, Incheon.

The driver of any motor vehicle has a duty of care to take necessary measures, such as opening the door accurately in order to prevent any person on board or any person getting on or off the motor vehicle from falling off.

Nevertheless, the Defendant neglected to do so and did not confirm that the victim D (the age of 85) who is a passenger was completely lowered from the rear seat of the above vehicle, and the victim started from the taxi where the she was born, while the she was going to the ground, and came to go beyond the victim on the ground.

Ultimately, the Defendant suffered injury to the victim, such as a thring of 12 weeks of treatment by occupational negligence, to the right-hand pelle, etc.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement E traffic accident report report, investigation report (case of victim's statement) diagnosis report;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) and Article 3 (1) 10 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act,

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that the defendant, as a taxi engineer, violated the duty of care as a taxi engineer, the degree of injury of the victim, etc. However, in light of the fact that the defendant acknowledged the crime, the insurance money was paid to the victim through the insurance contract in which the defendant was admitted, the victim expressed his intention not to be punished, and the victim did not have any other force except the punishment imposed as a double crime around 1987, the punishment as ordered shall be determined by taking into account all the sentencing conditions indicated in the records of this case, such as the defendant's age, character, character

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