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(영문) 서울중앙지방법원 2014.03.28 2014고정641

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 19:40, the Defendant was a person who is engaged in driving B Kaman vehicle, driving the said vehicle not covered by mandatory insurance on July 19, 2013, and driving the 1464-18 road in Gwanak-gu, Seoul Special Metropolitan City, along the two-lanes in the direction of new disease control, led to the change of the vehicle into one lane.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents by safely changing the vehicle, such as taking the front door and left door well, etc.

Nevertheless, the defendant neglected this and caused the collision with the part of the driver's seat of the vehicle driving by the defendant, which is driven by the victim C (the 59-year old) who was driving a one lane due to the negligence of changing the vehicle into a one-lane.

As a result, the Defendant, by negligence in the above business, destroyed the damage to the victim E (the age of 61), F (the age of 52), and G (the age of 46), which requires approximately two weeks of medical treatment, and at the same time damaged the damaged vehicle by causing approximately KRW 4,303,80 of repairing cost to the damaged vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. Each written diagnosis (E, F, G);

1. Written estimate of repair costs;

1. Application of Acts and subordinate statutes to any non- mandatory insurance policy information inquiry and information on non-insurance operations;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;