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(영문) 대구지방법원 2018.09.20 2018고정936

교통사고처리특례법위반(치상)등

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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 a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents and engages in driving service of automobiles by making a franchise.

On August 21, 2017, the Defendant driven the above car at around 16:44, and led to the driving of the above car at the window in Changwon-si, Dong-dong, Dong-dong, Dong-dong, Seoul, to the Busan, the two tunnels at the Changwon of the Highway, from the end of the patrol room to the end of the Busan.

In such cases, a person engaged in driving duty has a duty of care to prevent accidents and safely drive the steering gear and brakes by accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and proceeded with the part of the back part of the victim C(29) driver's car which was parked in the vehicle due to negligence before the direction of progress, which was shocked by the Defendant as the front part of the driver's car.

Defendant 1 caused the injury to the victim C, such as salt, tensions, etc. in light of the influence that requires approximately two weeks of treatment by occupational negligence as above, and the victim E (31) who is a passenger of Kanja car, suffered injury to the victim E (31) in the open two weeks of treatment for about two weeks.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

The defendant operated a car on the road without mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Inquiry into mandatory insurance;

1. A survey report on actual conditions;

1. On-site photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning criminal facts (the operation of automobiles which are not mandatory insurance);

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

1. Selection of each alternative fine for punishment;