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(영문) 청주지방법원 2016.11.22 2016고정656

교통사고처리특례법위반등

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-man car.

On December 9, 2014, the Defendant driven the said car which was not covered by mandatory insurance on December 12, 2014, and led to a two-lane road in the vicinity of the floor of the Jinsan High tideland located in the Cheongnam-do, the Defendant driven the said car along a two-lane one-lane from the south side to the Cheongju-do.

There have been two lanes in each other, and the defendant has changed the two lanes, so the person engaged in driving of the motor vehicle has the duty of care to secure the two lanes of the motor vehicle and the safety distance, to safely drive the motor vehicle and to prevent the accident in advance by driving the direction, etc. in advance.

Nevertheless, the Defendant neglected this and neglected the vehicle driving on the two-lanes, and neglected to change the two-lanes, thereby driving the said two-lanes on the two-lanes by the victim C(the age of 61) who drive the said two-lanes, and received the said part of the left side of the vehicle, as the chief door of the vehicle for the instant two-lanes.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks due to such occupational negligence, and at the same time, the Defendant damaged the car to be in excess of KRW 1,992,827, such as the spread and exchange of the car in front.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. The actual condition survey report;

1. C’s statement;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes on mandatory insurance;

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 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of each alternative fine for punishment;

1. The Criminal Act among concurrent crimes.