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(영문) 부산지방법원 2017.08.10 2017고단2036
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of four 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 B taxi.

On March 24, 2017, the Defendant driven the above taxi on March 22:35, 2017, and led to the intersection in front of the Busan Metropolitan City Cheongdo-dong, Busan Metropolitan City Do-dong.

Since the above vehicle has a signal apparatus and crosswalk installed on the front section of the vehicle, in such a case, the defendant, who is engaged in the driving duty of the vehicle, had a duty of care to safely drive the vehicle in accordance with the new code and prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded on the right side of the taxi, thereby cutting the above crosswalk from the right side of the taxi to the left side in accordance with the Mad new subparagraph. The Defendant got the victim C into the right side of the taxi and went beyond the floor.

After all, the Defendant suffered injury to the victim, such as internal care and marrhea, which require approximately eight weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, the selection of fines for criminal facts, Article 268 of the Criminal Act, and the selection of fines;

1. Although the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with detention in the workhouses is considerably serious, the degree of injury suffered by the victim by the accident in this case is considerably significant, the punishment as ordered shall be determined by taking into account the fact that the defendant reflects the crime, the first offender, the deposit of KRW 2 million for the victim, the age, character and conduct, environment, etc. of the defendant;

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