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(영문) 서울남부지방법원 2016.08.24 2016고정302
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a small-type taxi B.

On August 10, 2015, the Defendant driven the above vehicle on August 17:25, 2015, and stopped to get passengers on the road on which the Yeongdeungpo-gu Seoul Metropolitan Government is no longer available to the air.

In this case, a person engaged in driving service has a duty of care to prevent passengers from falling off the vehicle by starting safely after checking passengers' getting on and off the vehicle.

Nevertheless, the defendant neglected this and instead went to board the vehicle of the defendant who started in the open space, and the victim C(We, 52 years old) (We, 52 years old) who took the ground was living in the vehicle of the defendant.

Ultimately, the Defendant suffered approximately three weeks of medical treatment due to the above occupational negligence from the part where the above victim was placed in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C status;

1. A survey report and a diagnosis report on actual conditions;

1. Application of the statutes governing traffic accident-related photographs;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

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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