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(영문) 의정부지방법원 고양지원 2020.04.09 2020고정125
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

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

On November 1, 2019, the Defendant driven the above taxi on November 22 and 10, 2019, and led the Defendant to turn to the left at the crosswalk from the right edge to the National Cancer Center at the front of the Samaridong-gu, Busan Metropolitan City.

Since there is an intersection where traffic signal is installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle according to the direction of signal apparatus.

Nevertheless, the Defendant neglected this and failed to stop the left-hand turn signal at the front of the taxi by failing to stop the turn-hand turn, and received the part of the right-hand side of the victim C(52 years old) who walked on the left-hand side from the right-hand side of the mast taxi in the front of the taxi of the Defendant.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as a pelvise to the right-hand pelle, which requires approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (verification of video images of the accident and statement of the victim);

1. A medical certificate (C);

1. Application of the Acts and subordinate statutes governing the actual condition of traffic accidents, photographs at the scene of accidents, and signal cycle table;

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

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

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

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