beta
(영문) 광주지방법원 2017.10.26 2017고단3043

교통사고처리특례법위반(치상)등

Text

The punishment of the accused shall be determined by three months of imprisonment and a fine of 300,000 won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CCA110S Obane.

On June 27, 2017, the Defendant driving the above Oral Ba, which was not covered by mandatory insurance without a driver's license for a motor motor device, and driving the two-lane road in Gwangju Northern-gu D along the two-lane two-lanes of the front direction of the E, which is located in Gwangju Northern-gu, along the same one-lane from the front line to the high light stadium.

At each place, there is a crosswalk where signal lights are installed, so it is slowly done to the person engaged in driving service, and there was a duty of care to drive safely according to the signals.

Nevertheless, the Defendant neglected this and found the said cab late to avoid this by negligence while G cab driving F(61) in the front direction, while driving the said cab in the front direction, and operated it rapidly to avoid this. However, the Defendant did not avoid it and received the rear part of the said cab due to Oba, Oba of the Defendant.

Ultimately, the Defendant suffered injury to the victim H(23) and I (25) who is a passenger boarding the cab due to the foregoing occupational negligence, such as salt, tension, etc. of the boom that requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, H and I;

1. The actual survey report and on-site photographs;

1. The driver's license ledger;

1. Transmission of details of mandatory insurance coverage;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 154 subparagraph 2 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents (the operation of a vehicle which has not mandatory insurance) concerning the compensation of motor vehicles;

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

1. With respect to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury), the punishment of imprisonment without prison labor and the crime of violation of the Guarantee of Automobile Compensation shall be sentenced to a fine, respectively, for the crime of violation of the Road Traffic Act;