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(영문) 서울중앙지방법원 2013.04.05 2013고단833
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is engaged in the duty of driving a C-si owned by B (State).

On January 11, 2013, the Defendant driven the above taxi at a speed of about 30 kilometers per hour according to the direction of the Seoul Metropolitan Police Agency, along with the two-lane roads in front of the automatic intersection of Jongno-gu Seoul Metropolitan Government, in the efficiencies, the Defendant driven the above taxi at a speed of about 18:45.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who renders a way to reduce the speed and to see well the right and the right and the right and the right of the road, and to safely drive the road.

Nevertheless, it was found that the victim D (ma, 43 years old) who dried the crosswalk due to negligence while neglecting this, was found late, and the victim's knee portion was shocked with the above cab, thereby leaving the knee of the victim.

Accordingly, the Defendant suffered injury to the victim, such as the left-hand alley and the felinite felel in need of treatment for about six weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant has caused a traffic accident in violation of the duty to protect pedestrians at crosswalks, and the degree of injury to the victim is not easy. However, although the defendant is the time to commit the instant crime and his mistake is divided in depth, the defendant is a primary offender who has no criminal punishment power, the vehicle of the defendant is subscribed to the Financial Cooperative and has agreed with the victim smoothly, and the defendant's age is the age and age.

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