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(영문) 광주지방법원 2017.05.11 2017고정141
교통사고처리특례법위반(치상)
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

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

On November 19, 2016, the Defendant driving of the upper taxi on the 11:40th day of November, 2016, led to a three-lane road in the way that is 6-lane in the Namsan-gu, Gwangju, Gwangju, along a five-lane way from the boundary of the station of the new world to the mountain group 5 times in the mountain group.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle in accordance with the signals and the left and right of the motor vehicle driver.

Nevertheless, the defendant neglected this and went to the right side from the left side due to the error of left-hand turn of the vehicle stop signals as it is, the victim C(33 ) driving by the victim C(333). The defendant was placed to the front-hand part of the taxi driving by the defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of treatment for up to two weeks due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of traffic accidents prepared C;

1. A traffic accident report, traffic accident report, accident evidence and photograph;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (as to the new subparagraph at the time of the accident);

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

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order reflects the Defendant’s crime, the situation where the view was placed on the large truck in the front room and it was difficult to readily see signal, the agreement was made with the victim after the prosecution, the traffic crime record was committed in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in around 2005, and the fact that there was no criminal record other than the sentenced to a fine of KRW 500,000,000. The Defendant’s age, sex, environment, and family relationship are considered as favorable circumstances.

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