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(영문) 대전지방법원 천안지원 2016.06.23 2014고정1183
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Defendant

A is a Sung-il taxi driver.

On February 13, 2014, the Defendant: (a) driven the above vehicle at around 00:00 and stopped the vehicle at the location where the accident occurred, depending on the two lanes above the D in front of the D in the south-gu, Dong-dong, Nam-gu, Seoul along the two lanes above the D in front of the D in front of the same Dong-dong, and (b) made the passengers getting on and depart from the vehicle, and had a duty of care to take necessary measures, such as checking the complete passengers getting on and off the vehicle so as not to fall off from the vehicle.

Nevertheless, in violation of this, the victim E (V, 40 years old) did not board the above vehicle, but the victim fell from the vehicle due to the negligence of departure of the vehicle, thereby resulting in the injury requiring approximately 8 weeks of medical treatment, such as the impairment of the nephalopic gymosis, the disorder of the nephical galphalm, the lethic and the lethic fluoral base, and the lethic fluor

Summary of Evidence

1. Part of the defendant's statement in the first trial record;

1. Each statement of witness E, F and G;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A traffic accident occurrence report;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. The Defendant and the defense counsel’s assertion and judgment of the Defendant and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act, which had already been diagnosed as a critical and other conical disability before the occurrence of the instant accident, deny the occurrence of the instant accident itself on the grounds that the victim had already been diagnosed as a critical and other conical disability.

According to the fact-finding with the Head of the Daejeon District Headquarters of the National Health Insurance Corporation in this Court, the victim is recognized as having received medical treatment from the physician of the Department of HH pain on November 2013 as “the climatic and other conical signboards disorder accompanied by the GH ppuri disease”.

However, even if the victim is already recognized as having received treatment due to a side signboard disability before the occurrence of the instant accident, the above fact is recognized.

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