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(영문) 대구지방법원 김천지원 2018.02.22 2018고정7

교통사고처리특례법위반(치상)등

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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant fails to pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 31, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (hereinafter referred to as the “Act”), driving a B observer car that did not mandatory insurance on August 31, 2017, led the Defendant to proceed with a road of one-lane way in front of the D cafeteria located in the Gu and U.S. City as the guard of the Dong-dong hospital at the jurisdiction of the high school.

Since a vehicle is a road near the distance of school, a person engaged in the driving of a motor vehicle has a duty of care to safely operate the steering and steering the steering system by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected this and led the victim E(28) driving while stopping to enter the intersection from the front bank by negligence, and led the Defendant to the front part of the car driven by the Defendant.

Ultimately, the Defendant caused the victim to suffer injury to salt and tensions in need of approximately two weeks of treatment due to such occupational negligence. At the same time, the Defendant damaged the Defendant’s car to use approximately KRW 556,838 for repair costs, such as the exchange of spaths by using the spath.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, at the same time and at the same place, operated an option car not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Photographs and a survey report on actual condition;

1. Application of the Acts and subordinate statutes of written diagnosis (E) and written estimate (F);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act (the point of damage caused by occupational negligence) concerning criminal facts, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 (the point of operating automobiles, the mandatory insurance of which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70 of the Criminal Act to attract a workhouse.