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(영문) 서울서부지방법원 2019.01.10 2018고정569
교통사고처리특례법위반(치상)
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person engaging in B-si driving service.

On March 3, 2018, the Defendant driven the above taxi on March 3, 2018, and continued the intersection of Mapo-gu Seoul Metropolitan Government C from the dump to the E hotel room.

Since there is a place where traffic is controlled by signal apparatus, in such a case, the person engaged in driving service has the duty of care to safely drive according to the traffic signal while checking whether there is a vehicle passing through the intersection by reducing the speed and properly examining the front left.

Nevertheless, the Defendant neglected this and received the front wheels part of the victim F(26 years old) driving G in the right side of the moving direction from the right side of the moving direction to the left side in accordance with the Marina, when the Defendant was negligent in driving the red signal in violation of the signal, as the front part of the taxi driving of the Defendant.

In this regard, the Defendant suffered, by negligence on the part of the above, an injury to the victim, such as an injection salt, which requires approximately two weeks of medical treatment, and an injury to the victim H (23 years of age) who is the passenger of the victim, for about two weeks of medical treatment, respectively.

2. The victims have submitted a medical certificate stating that they suffered injury as stated in the facts charged.

However, according to the video and the photograph of the damaged part of the Defendant vehicle at the time of the instant accident, the degree of shocking the damaged vehicle and the degree of damage to the damaged vehicle is insignificant, and ② even according to the victim’s statement, the victims cannot be deemed to have received any particular treatment after the instant accident, and it appears that there was no inconvenience in daily life. In light of such overall circumstances, the evidence submitted by the prosecutor alone is sufficient to exclude reasonable doubt that the victims suffered the injury due to the instant accident.

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