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(영문) 광주지방법원 2016.01.14 2015고정1963
교통사고처리특례법위반
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On October 17, 2015, the Defendant driven the above vehicle at around 00:30 on October 17, 2015, and led the central intersection at the center of Nam-gu, Gwangju to go straighten from the direction of the pream box to the Gwangju Park.

Since there was an intersection where a signal, etc. is installed, in such a case, the driver of the motor vehicle has a duty of care to reduce the speed and to check whether there was a motor vehicle through the intersection by checking well the front side of the motor vehicle, and to safely drive the motor vehicle in accordance with the traffic signals to prevent the accident in advance.

Nevertheless, the Defendant neglected this and received the part on the front part of the Defendant’s vehicle, which was driven by the victim C(65 years old) driving directly from the left side of the direction of the Defendant’s proceeding to the right by the direct negligence in violation of the signal.

As a result, the Defendant suffered from the injury of c and the victim E (31) who was on board the victim C and the damaged vehicle due to the foregoing occupational negligence, respectively, for about two weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Application of the actual survey report, each diagnosis report, and each photographic statute;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 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 Competition;

1. Selection of an alternative fine for punishment;

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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