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(영문) 서울북부지방법원 2016.07.21 2016고정473
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

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

On November 22, 2015, the Defendant driven the above vehicle at around 07:20, and driven the front road of the Seoul Jung-gu Seoul Metropolitan Government along the three-lanes, one of the three-lanes from the network and the two-lanes, one of the two-lanes.

Since there is a road where signal lights and crosswalks are installed, the driver of the motor vehicle has a duty of care to take the signal lights to the person engaged in driving the motor vehicle, to safely drive the motor vehicle in accordance with his/her signals, and to build the crosswalks in a manner that does not interfere with the passage of the motor vehicle, if there is any person who gets to walk the crosswalks well.

Nevertheless, the Defendant neglected this and thereby violated the signal and got off the crosswalk from the right side of the course to the left side of the crosswalk in accordance with the pedestrian signals, and received the victim E (the age of 23) in front of the vehicle of the Defendant.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. A written statement on the occurrence of traffic accidents;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to booms and videos (at the time of the accident) installed on the vehicles under consideration;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1 and 6, Article 268 of the Criminal Act concerning criminal facts, and Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act;

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

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

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