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(영문) 인천지방법원 2020.10.28 2020고단5496

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a rocketing car under the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act.

On January 12, 2020, the Defendant driven the above vehicle around 17:00, and led the two-lane road in front of the D in Seo-gu Incheon, Seo-gu, Incheon to turn to the left at the right two-lanes from the e-party to F.

Since there is an intersection where traffic control is not performed, there was a duty of care to confirm whether a person engaged in driving service has a cross-vehicles by reducing the speed or temporarily suspending the vehicle.

Nevertheless, the Defendant neglected this and received the front part of the vehicle driving by the Defendant, which was driven by the victim G(23 years of age) who was driving in the right-hand side on the opposite side by negligence, and was driven by the Defendant in front of the vehicle driving.

As a result, the Defendant damaged the victim’s property by occupational negligence, which is approximately KRW 2,870,000,000, for the repair cost.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of B rocketing and other automobiles.

No motor vehicle owner shall operate any motor vehicle on the road on which mandatory insurance is not subscribed.

Nevertheless, the Defendant operated the said car without mandatory insurance at the same time and place as the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

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

1. The circumstantial statement and investigation report of a host driver, and the report on detection of a host driver;

1. Application of the statutes of the Mandatory Insurance Policy Association to a vehicle estimate or accident site photograph;

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. The Criminal Act for the detention of a workhouse;