교통사고처리특례법위반(치상)등
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Criminal facts
The defendant is a person who is engaged in the business of driving a non-registered 49cc or an Oral Ba.
1. Around June 17, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the Madon B with the above Madon, driving the Madon, and driving the C ahead of the Madon in the north-gu B at the port of Madon, leading directly from D to the south-developed distance.
It is a side road, which is a road in the market, where pedestrians have a lot of traffic, and victims E (the age of 35) were sitting on the road in the course of the time. In such a case, a person engaged in the automatic driver's service has a duty of care to compensate for the damages at a sufficient interval and to reduce the speed, or to stop and proceed again.
Nevertheless, the Defendant neglected to do so and proceeded as it was left behind the left side of the vehicle under consideration by negligence of the victim who sited on the center of the road.
The Defendant caused injury to the victim, such as an escape from a signboard No. 4-5 and No. 5-T. 1, which requires approximately four weeks of medical treatment due to occupational negligence.
2. Any person who violates the Guarantee of Automobile Accident Compensation Act shall, in operating an automobile, operate the mandatory insurance to pay the amount prescribed by the Presidential Decree to the victims of the automobile accident; and
Nevertheless, the Defendant operated a two-wheeled automobile, which did not purchase a mandatory insurance policy on the date, time, and place of the above “A”.
Summary of Evidence
1. Part of the accused's legal statement in the second protocol of trial (the denial of paragraph (1) of the facts of crime and confession under paragraph (2));
1. Legal statement of witness E;
1. Statement to E by the police;
1. E statements;
1. Reports on the occurrence of a traffic accident, photographs of the scene of the accident, and reports on the traffic accident;
1. A medical certificate;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. The fact that the relevant law and the punishment are caused by occupational negligence in relation to the crime: Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents;