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(영문) 창원지방법원 2019.09.06 2019고정364
교통사고처리특례법위반(치상)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving a rocketing taxi for business purposes.

On March 18, 2019, at around 00:05, the Defendant driven the above taxi and proceeded to turn to the left at the seat of the F apartment from the eth elementary school to the seat of the F apartment.

At that time, the intersection with a stop line where traffic is controlled by the on-and-off signal of the red light at that time, there was a duty of care to prevent accidents in advance by driving safely by temporarily stopping the right and the right of the driver immediately before the intersection, and by checking well the right and the right of the driver.

Nevertheless, the Defendant neglected this and did not temporarily stop to the left without temporarily suspending the left, and instead did not turn to the left from the right side of the yellow light in accordance with the on-and-off signal of the yellow light, and received the part after the driver's seat of the victim G(56 years old) driving, which was sleeped after the driver's seat of the driver's car of the victim(s).

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a survey report and investigation report (verification of accident images);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account the various factors of sentencing, including the criminal records, age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., of the defendant.

The favorable circumstances: The injury of the victim is not severe.

An unfavorable circumstance: A traffic signal is not observed.

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