beta
(영문) 서울중앙지방법원 2015.11.20 2015고정4105

교통사고처리특례법위반등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act by the Defendant is a person engaging in driving a B-car;

On April 29, 2015, the Defendant driven the above car on April 29, 2017:45, and driven the two-lane road in front of Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, along the two-lane distance from the new disease control area, driven at an insular speed.

Since the front door is installed at a crosswalk and signal, there was a duty of care to accurately operate the steering gear and brake system and to safely drive it in a manner that can well see the right and the right and the right of the front door.

Nevertheless, the Defendant failed to avoid the E-car operated by the victim D(56 years old) who was in the atmosphere of the traffic signal due to negligence while neglecting this, and received the part of the victim's vehicle behind the passenger vehicle with the front part of the passenger vehicle.

As a result, the Defendant suffered scopic scopic scopic scopic scopic scopics, which require approximately two weeks of treatment by occupational negligence as above, and at the same time damaged 504,97 won, such as the next

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of a B-car, operated the said car without being covered by mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. The actual condition survey report;

1. A medical certificate;

1. Mandatory insurance policies;

1. Application of the written estimate statutes;

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 ( mutually between a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.