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(영문) 서울서부지방법원 2018.07.26 2018고정326
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B rocketing taxi vehicles.

On November 23, 2017, the Defendant driven the above taxi vehicle around 00:30 on November 23, 2017, driving the first lane in front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, along the direction of an elementary school instead of the front section of the new building, proceeded at a speed of about 31km/h in the speed of the city along the first lane in the direction of an elementary school.

Since there is an intersection where a red on-and-off signal is installed, a person engaged in driving a motor vehicle has a duty of care to check whether another motor vehicle is proceeding in the surrounding area by temporarily stopping on the stop line in accordance with the signals such as a red-off signal and checking the front and rear and right and the right and the right and the right and the right are well.

Nevertheless, the Defendant did not temporarily stop on a stop line in violation of the direction of a red on-and-off signal such as signal, etc., and was driven by the victim D(50) who was driving on the right side from the left side of the running direction of the traffic in the case of the victim D(50) who was driving on the right side without properly examining the front and rear and left side.

Ultimately, the Defendant caused the injury to the victim D, which requires treatment for about 12 days due to the above occupational negligence, to the victim FF (5 years of age) who took advantage of the Defendant’s passenger car volume, and at the same time caused the Defendant’s injury to the right franculization of francing the upper part of the shoulder that requires treatment for about 8 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports (1), (2) on traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Selection of an alternative fine for punishment;

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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