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(영문) 대전지방법원 천안지원 2015.07.23 2015고단755

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Crenice 2 car.

1. At around 11:10 on January 23, 2015, the Defendant: (a) moved from the Central Market Protection Area to the E Contracting Area, the roads with no median line in front of the three-distance street of the E Pharmacy-gu, Chungcheongnam-gu; and (b) the Defendant turned back from the Central Market Protection Area.

A driver who intends to resume a vehicle has a duty of care to check the stability of the future by checking the rear, the left, and the left well and safely operating the steering gear and the brake system.

Nevertheless, while neglecting this, it became difficult to stop the accident at the right-hand side of the defendant's vehicle, the part on the right-hand side of GCA1105 Ortoba, which was driven by the victim F (year 51) who was proceeding from the west-gu Office of East-gu, the left-hand side of the next direction to the south-gu.

The Defendant, due to the above occupational negligence, suffered injury to the victim, such as salt ties, tensions, etc. in need of medical treatment for about three weeks.

2. The defendant who intends to drive a vehicle shall not operate the vehicle on a road with no mandatory insurance policy;

Nevertheless, at around 11:10 on January 23, 2015, the Defendant operated a Crenice 2 car from H to Y of the E- pharmacy located in Dong-gu, Nam-gu, Dong-gu, Chungcheongnam-gu, Dong-gu, Dong-gu, Seoul to the third-distance street.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer in F on the statement;

1. Statement and image of the traffic accident report;

1. Statement of the mandatory insurance policy;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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;