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(영문) 부산지방법원 동부지원 2014.04.14 2014고정153

교통사고처리특례법위반등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing passenger vehicle B.

1. On December 12, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, driving the above vehicle at around 12:00, and driving the vehicle at issue, leading directly from the right side to the right side, one-lane road at the entrance of the Ga delivery apartment house located in the Ischeon-gun, Busan Metropolitan City.

At this point, traffic control is not carried out and it is impossible to confirm the left and the right, so in such a case, a person engaged in driving a motor vehicle has the duty of care to yield the course to the motor vehicle driving on the right side while temporarily stopping or slowly driving the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not see the amount of DNA car driving of the victim C(21 years old) driving in the right side of the vehicle in the direction of the Defendant’s vehicle, and did not see the amount of the victim’s vehicle driving in the right side of the vehicle, and followed the front part of the Defendant’s vehicle and shocked the front part.

The Defendant, by its occupational negligence, inflicted an injury on the victim C, such as finite finites, which requires approximately two weeks of medical treatment, and inflicted an injury on the finite finites, which requires approximately two weeks of medical treatment to E (75 years of age).

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of the said vehicle, operated the said vehicle without mandatory insurance at the same date and time as the preceding paragraph, even though he was prohibited from operating the vehicle on the road on which no mandatory insurance was subscribed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident;

1. A traffic accident report (1) (1)

1. Each written diagnosis;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts.