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(영문) 전주지방법원 군산지원 2020.06.03 2020고단233
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine not exceeding eight 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 the duty of driving K5 taxis.

On July 24, 2019, at around 05:15, the Defendant driving the said taxi three-lanes in front of the Si-si, Gunsan-si, and continued to drive the said taxi directly from about 142 km in the direction of the direction of the city in the direction of the Masan-si.

Since there is a limited speed of 90km per hour, in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle by complying with the restricted speed while keeping the front door well.

Nevertheless, the Defendant neglected this while driving a limited speed exceeding approximately 52 km per hour, and changed the lane to a two-lane for the purpose of avoiding the DF car which was stopped in the front bank, the Defendant shocked the F Twitter driving front wheels of the victim E(55 years old) who was straighted in the same direction in the same direction with the right side of the above taxi.

Ultimately, the Defendant suffered, by such occupational negligence, each injury, such as damage to the victim Ha (the age of 33) who was on board the said taxi, to the victim Ha (the age of 33) who was on the said taxi in need of approximately 12 weeks of treatment, such as cutting the bones of bones, etc. requiring approximately 2 weeks of treatment, and damage to the Ha (the age of 28) of the face in need of approximately 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A traffic accident report, an accident site and a provisional survey report;

Application of Acts and subordinate statutes of photograph, internal investigation report (Evidence No. 17, 18, 22, 23, 28), taxi operation information management system, each diagnosis document, investigation report (Evidence List No. 36)

1. Article 3 (1) and the proviso to Article 3 (2) 3 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 Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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