beta
(영문) 창원지방법원 2018.04.18 2018고정77

교통사고처리특례법위반(치상)등

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving 49c messages that do not have a license plate.

A. On August 31, 2017, at around 06:55, the Defendant was straighted from the lower court at the lower court of the Yellow Sea, the upper end of the street crossing at the front of the Kimhae-si, to the direction of one to the lower court.

There is no signal, etc., and it is difficult to confirm the passage due to the plastic greenhouse, etc. at the intersection, etc., so there was a duty of care to temporarily stop prior to entering the intersection and proceed with the right and the right.

Nevertheless, the defendant neglected to do so and led the defendant to go beyond the road by getting the left-hand side of the victim C(YY 68) driver's judiba, which was directed to the right-hand side of the proceeding direction due to the negligence of the defendant, judiba in front part of the defendant's driving.

Therefore, the victim suffered bodily injury, such as the escape of the dog spons, which requires six weeks of treatment, and at the same time the victim suffered physical damage equivalent to 885,00 won in the estimate of the repair of the vehicle.

B. The Defendant operated the instant 49c message No. 49c message No. 1930, which was not covered by the mandatory insurance at the time set forth in Paragraph A, on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis and written estimate;

1. The application of replies to Acts and subordinate statutes to requests engineering analysis pertaining to the occurrence of traffic accidents as a result of a report on the occurrence of traffic accidents, a report on the actual status of traffic accidents, an accident site photograph, and support for the scene of traffic accidents;

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 Act on Guarantee of Compensation for Motor Vehicle Damages, and the main sentence of Article 8 of the same Act on Special Cases concerning the Settlement of Traffic Accidents (the operation of motor vehicles which are not mandatory insurance) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;