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(영문) 인천지방법원 2014.07.11 2014고정690

교통사고처리특례법위반등

Text

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

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

Reasons

Punishment of the crime

On December 21, 2013, at around 05:50 on December 21, 2013, the Defendant operated a Btok vehicle not covered by the mandatory automobile insurance, and proceeded at a speed of about 65 km in speed from the direction of the repair service distance to the direction of the repair service distance by using one lane in the direction of the repair service distance.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by safely driving the motor vehicle by looking at whether the other motor vehicle is operated in accordance with the signals and by safely preventing the accident.

Nevertheless, when the defendant neglected this and went against and proceeded with the signal as it is, the defendant saw that the front part of the taxi for D business use of the victim C(the age of 47) who was driving on the left turn at the bend level of the vehicle of the defendant.

As a result, the Defendant suffered the said victim’s share of the account requiring approximately two weeks of medical treatment due to the foregoing occupational negligence, and at the same time damaged the said victim’s share of the repair cost of KRW 2,684,480 to the said damaged taxi vehicles.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report;

1. Mandatory insurance policy;

1. Photographs of the harming vehicle, and photograph of the damaged vehicle;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 3 (1) and proviso of 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 (a point of operating automobiles which are not mandatory insurance);

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment order is issued for the reasons above Article 334(1) of the Criminal Procedure Act.