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(영문) 인천지방법원 2020.11.11 2020고정756
도로교통법위반
Text

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

The defendant shall be ordered to pay an amount equivalent to the above fine by provisional payment.

Reasons

Punishment of the crime

B shall not threaten or threaten other persons or cause danger to traffic by consecutively committing any act prescribed by the Road Traffic Act, while the driver of any motor vehicle shall not threaten or threaten other persons by continuing or repeating any act prescribed by the Road Traffic Act.

B around 14:43 on October 21, 2019, around 14:53 on the same day from 16.0km in the direction of the airport of the Incheon International Airport Highway located in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu to 16.0km in the bill of indictment at around 14:50 on the same day, but it appears to be a clerical error in the above time.

From 1.8km (Airport-gu Incheon Metropolitan City CouncilC) to the direction of airport of Incheon International Airport Highway located in Jung-gu, Jung-gu, Incheon Metropolitan City, there was a violation of speed, a sudden change of course, a violation of overtaking method, and a violation of the side of the expressway.

The Defendant, at the same time and place, committed the above-mentioned violation in relation to the Defendant’s business.

Summary of Evidence

Witness

B Legal statements, witness D’s partial legal statement and internal investigation report

1. Application of Acts and subordinate statutes to the certificate of employment of the certified transcript of a family register;

1. Relevant provisions of Article 159, 151-2, 46-3 of the Road Traffic Act concerning criminal facts;

1. The Defendant’s assertion as to the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act is not liable to the Defendant, who is the employer, for the violation of the Road Traffic Act, since the Defendant fulfilled his duty of care to prevent the taxi drivers from driving the taxi by providing regular safety education to ensure that the taxi drivers, including B, comply with traffic regulations.

2. Determination

(a) The level of education generally required by an employer that operates a taxi company to comply with and prevent safety accidents against individual drivers, taking into account the characteristics of taxi services that are mainly engaged in transportation services for passengers outside the workplace and that are difficult to specifically direct and supervise the detailed operation methods of individual taxi drivers.

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