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(영문) 창원지방법원 통영지원 2015.11.23 2015고정293

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

1. On May 12, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act (hereinafter “the Act”), driving a unregistered 49cc Orala on May 12, 2014, carried out the road front of the C Hospital in front of the C Hospital located at the Gyeongnam bank, from the southnam bank, to the Korean Electric Power

There is a duty of care to safely proceed in the direction of checking and proceeding one-way traffic sign accurately, since it is a one-way traffic way that proceeds from the Gyeongnam bank on the side of Korean power.

Nevertheless, the Defendant’s front wheels part of the E-to-face driven by the victim D (the 32 years of age, south) who had been normally driven in the opposite part of the traffic classification due to negligence in violation of the traffic classification by driving the one-way passage along the direction, was shocked to the right right part of the front wheels of the Defendant Oraba.

As a result, the Defendant suffered injury, such as “the left-hand side of the salt farm,” which requires the victim to give approximately two weeks of medical treatment, and damaged property equivalent to KRW 910,000 in the estimate of the repair.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance except for the motor vehicles prescribed by Presidential Decree;

Nevertheless, around 20:45 on May 12, 2014, the Defendant operated Oba, which was not covered by mandatory insurance, on the front road of the C Hospital building located in the C Hospital B at the macro-si.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the discovery of an unregistered motor vehicle:

1. A written diagnosis and written estimate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Code of Trade Competition.