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(영문) 의정부지방법원 2018.11.08 2018고정1210

교통사고처리특례법위반(치상)등

Text

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

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

Reasons

Punishment of the crime

1. The Defendant is engaged in driving the B-learning passenger car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On January 10, 2018, the Defendant driven the above vehicle around 11:00 and proceeded at a speed of 20km per hour on the three-lane road of “D” in the south-si, Namyang-si.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to ensure that the driver has a duty of care to safely report the traffic situation on the

Nevertheless, the Defendant neglected to do so and led the Fpoter vehicle driven by the victim E in the same direction as the former due to negligence, to the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to negligence in the above business.

2. The Defendant violated the Road Traffic Act by neglecting his duty, such as “1” at the same time and place as the above “1”, thereby damaging the damaged vehicle in a way that the amount equivalent to KRW 1,287,000 for repair costs.

3. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of the said B-learning passenger car.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the said vehicle that was not covered by mandatory insurance at the same time and place as the above “1” clause.

Summary of Evidence

1. A protocol concerning the examination of the suspect against the defendant;

1. On-site survey report, on-site photograph, document prepared by E, written diagnosis, written estimate, written confirmation, any information not covered by mandatory insurance, inquiry into mandatory insurance, tea inquiry, and ledger of driver's licenses;

1. Application of the law of reply to inquiries, such as criminal history.