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(영문) 인천지방법원 부천지원 2013.04.24 2013고정584

교통사고처리특례법위반등

Text

A fine of three million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

1. The defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act is a person engaged in the driving of B Poter Cargo Vehicles;

On August 31, 2012, the Defendant driven the above vehicle at around 09:30 on August 31, 2012, and went behind at the 211 front parking lot of the Western apartment 211, which is located in Kimpo-dong, Kimpo-dong. In such a case, the Defendant neglected his/her duty of care to operate the steering system, brakes, and other devices of the vehicle in question, and to operate the vehicle in a safe manner, and to prevent the accident by driving the vehicle in advance, despite the fact that he/she had the duty of care to prevent the accident by operating the vehicle in advance.

Defendant

A victim C (70 years of age) who is driving on the left side from the right side of the rear direction of the vehicle driven by the victim C (70 years of age) and did not discover the vehicle and received the part on the right side of the damaged vehicle after loading the vehicle on the right side.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained from the victim E (V, 64 years old) who was accompanied by the above victim C and the damaged vehicle, in terms of cryp fluoral fluorals requiring two-day medical treatment, and damaged the above damaged vehicle with a total sum of KRW 2,309,966.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) the owner of B Poter Cargo Vehicles; and (b) the Defendant operated a vehicle on the road which was not covered by mandatory insurance, on the same date and time as paragraph (1) and at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Registers of driver's licenses, residents, chassiss, and mandatory insurance;

1. Each written diagnosis (C, E);

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 (the point of causing bodily injury by occupational negligence), and Article 151 of the Road Traffic Act concerning criminal facts;