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(영문) 서울서부지방법원 2020.05.07 2020고정177
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

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

On September 10:35, 2019, the Defendant driven the above taxi and proceeded along the five-lane road in front of the Diplomatic Association in Mapo-gu Seoul Metropolitan Government, along the two-lanes in the direction of the Chang East Tri-distance from the East Tri-distance At the same intersection.

Since there is a sign to prohibit internship, it is a duty of care to safely drive a person engaged in driving service without making an internship according to the signal or instruction indicating traffic safety facilities.

Nevertheless, the defendant neglected this and proceeded in the opposite lane due to the negligence of the victim E(I, 46 years old) driving, and received the back portion on the left side of the victim E(I, 46 years old) driving in front of the defendant's taxi.

Ultimately, the Defendant, by occupational negligence, suffered injury to the victim E, such as catum fat, etc., requiring approximately two weeks of medical treatment, injury to the victim G (V, 33 years of age) who is the passenger of the victimized vehicle, such as catum fat, which requires approximately two weeks of medical treatment, and injury to the victim H (V, 64 years of age) who is the passenger of the Defendant taxi, including the catum fat, requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident (E, G, and H);

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

1. A written diagnosis for each victim (E, G, and H);

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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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