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(영문) 대전지방법원 2015.07.08 2015고정831
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving of a taxi for business use B.

On March 14, 2015, the Defendant driven the above taxi as a job around 04:03, and proceeded at a speed of about 40-50 kilometers a speed of 50 kilometers a speed of 40-50 kilometers a speed, depending on the direction of flood slope from the ethical flood slope of the Seo-gu Daejeon Metropolitan City to the flood slope.

At this point, since the signal was installed at a distance crossing, the defendant engaged in driving of the motor vehicle had a duty of care to keep the front door and the right and the right of the motor vehicle from accidents in advance by safely proceeding in accordance with the new code.

Nevertheless, the Defendant neglected this and received the full part of the cargo vehicle from the victim C's driving Dribe, which was proceeding in accordance with the new subparagraph, from the right side of the defendant's running direction to the left side of the road, to the right side of the driver's vehicle when the Defendant violated and proceeded with the signal due to the occupational negligence.

As a result, the defendant let the above C and E on board the damaged vehicles enter various chromosomes, such as a trend requiring treatment for about two weeks, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate (C, E);

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents under Relevant Acts concerning criminal facts, and Article 268 of the Criminal Act;

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 (100,000 won a day);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of sentencing] 20 million won or less (the decision of sentencing): The confession and reflection are made; circumstances unfavorable to the admission to the taxi mutual aid association; the degree of negligence is significant in violation of signal, and the victim is two.

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