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(영문) 대구지방법원 2016.01.21 2015고단4504

교통사고처리특례법위반등

Text

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

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

Reasons

Punishment of the crime

On April 28, 2015, the Defendant was prohibited from operating a motor vehicle which is not covered by mandatory insurance on the road. However, on April 28, 2015, the Defendant was driving a motor vehicle of Franchi which is not covered by mandatory insurance in Daegu Suwon-gu B.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Relevant Article of the Act concerning the facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Compensation for Damages Caused by the Selection of Motor Vehicle;

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

1. The part rejecting a public prosecution under Article 334 (1) of the Criminal Procedure Act against the provisional payment order (a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of Road Traffic Act);

1. The summary of the facts charged is C A person engaging in driving a car.

On 28. 23:00 on 28. 2015, the Defendant driven the said car, which was not covered by mandatory insurance, and changed the four-lanes into the children’s hall while driving the four-lane road in front of the D gas station in Daegu Suwon-gu B from the yellow four-lanes along the two-lanes to the children’s hall.

In such cases, the driver of a motor vehicle has a duty of care to inform the driver of the motor vehicle of the change of the lane by hand or direction prior to the change of the lane, etc., and to change the lane safely by taking into account the traffic situation before and after the change.

Nevertheless, the Defendant neglected to take any action and negligently changed the lane into four lanes without taking any measure, and took part of the part of the upper part of the upper part of the body taxi in F that the victim E (59) driven by the four-lane in the same direction as that of the horse, with the right door of the said vehicle, and led the said taxi to the right door of the said vehicle, and led to the shock, the Defendant was waiting for D gas station standing signboards and the victim H (58 years old).