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(영문) 대구지방법원 경주지원 2018.07.18 2018고정88
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 December 3, 2017, the Defendant set up two passengers, such as victim D (V, 59 years old) on the front of the Seongbuk Saemaul Undong Undong, which was 148, 148, the first day of the racing, on December 3, 2017.

In this case, there was a duty of care to prevent accidents in advance by starting from confirming whether a person engaged in driving of a motor vehicle has been on board the motor vehicle.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the above road by the negligence of leaving the above taxi without opening a back seat and confirming the situation of the victim who was going to the left side of the taxi on the front of the taxi.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement;

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

1. A medical certificate [the defendant has opened a rear door and attempted to board a ship where one of the passengers has already completed boarding, and there was no possibility that the defendant could have anticipated the occurrence of the accident.

The argument is asserted.

In light of the fact that the victim had opened the back of the defendant's vehicle at the time of the accident in this case and had the left side had already been laid to the taxi, and it seems that there was time to fully grasp the fact that the victim would have taken the taxi before departure, and that the defendant who operates the taxi is obliged to check whether the passenger has completed all the passengers' getting on and off immediately before the departure of the accident in this case, especially when the passenger gets on and off at night, and whether the vehicle's door has all been closed at night.

As such, Article 39 of the Road Traffic Act applies to the defendant.

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