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(영문) 창원지방법원 진주지원 2018.10.31 2018고단1177

교통사고처리특례법위반(치상)등

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The defendant is 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 April 22, 2018, the Defendant operated a car with Bppacker car not covered by mandatory insurance from the bottled distance in Sacheon-si 15, Sacheon-si, Sacheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Act on the Guarantee of Compensation for Damages Caused by Selection of Motor Vehicles;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Provisions of Article 334 (1) of the Criminal Procedure Act not guilty of the order of provisional payment - Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and Violation of Road Traffic Act;

1. The Defendant, on April 22, 2018, driven a bppam car around 21:00, driven by the Defendant, and proceeded with the pathal distance of 15 on the death of the sP shipbuilding at the south of SPacheon City, from the sP shipbuilding to the village of the Gu YYacheon-gu.

Since there has been a red on-and-off signal device installed, there was a duty of care to temporarily stop a person engaged in driving of a motor vehicle and check the left and the right of the motor vehicle well.

Nevertheless, the Defendant neglected to do so and did not properly look at the left and left, and caused the victim D who was driving a cab from the port of 3,000 to Sacheon-Eup to get the right part of the Defendant’s driver’s car to the front part of the said cab.

Ultimately, the Defendant suffered from the injury of the victim E (V, 46 years old), who is a victim of the foregoing taxi due to the foregoing occupational negligence, such as a feling of the pellet, which requires approximately six-day medical treatment, and at the same time damaged the above taxi owned by the victim D by approximately KRW 4,932,907.

2. Determination

A. Article 26(1) of the Road Traffic Act provides, “The driver of any motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled shall yield the right of way to other motor vehicles, when any other motor vehicle is already traveling through the intersection.”