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(영문) 서울남부지방법원 2016.06.01 2016고정537
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of B rocketing taxi.

On December 12, 2015, the Defendant driven the above vehicle at around 21:30 on December 21, 2015, and driven the front road of Geumcheon-gu Seoul Metropolitan Government C at the speed of approximately 30 KM (Defendant’s statement) between five lanes from the stitum to the stitual distance of Sigra.

At the front, a crosswalk with signal lights is installed, and the victim crosses the crosswalk on the right side to the left side.

In such cases, the driver of any motor vehicle is obliged to safely drive the motor vehicle according to signals and instructions indicated by traffic safety facilities, while the driver of any motor vehicle has a duty of care to prevent accidents by checking where there is any person crossing the crosswalk well.

Nevertheless, when the defendant neglected this and proceeded without stopping in a front-side red signal, he saw the left side of the body part of the victim D (son, 17 years old) crossing the crosswalk as above, and led the victim to go beyond the road, by shocking it into the right side of the vehicle.

Ultimately, the Defendant suffered injury in need of approximately 10 weeks of treatment due to the above occupational negligence by the victim, which is a part of the right legle and the frame of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report and a medical certificate;

1. Application of photographs of sea-going vehicles and statutes governing images of accidents;

1. Relevant legal provisions of the relevant criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act, Article 268 of the Criminal Act, and selection of fines;

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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