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(영문) 대구지방법원 2017.07.12 2017고정1118

교통사고처리특례법위반(치상)등

Text

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

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

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving of a small-scale car B.

1. On April 19, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (hereinafter “Road Traffic Act”), driving the said car at around 12:50 on April 19, 201, and driving the said car on a one-lane road of the fourth-lane C front of the Daegu flood-gu, with a yellow water high level. In order to drive it on the opposite lane, the Defendant continued to drive it on a yellow water at the U.S. point.

In such cases, it is necessary to prevent accidents in advance by accurately manipulating the steering area and the right and the right and the right and the right and the right and the right and the system of steering operation.

Nevertheless, the defendant neglected to do so and went to the opposite opposite lane by negligence of the victim D(20) driving, which was moving to the opposite opposite lane, received the front part of the upper left side of the said car from the upper right side of the said car.

Ultimately, 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 destroyed the damaged car in order to cover the amount of KRW 6,700,648, such as Lart Exchange.

2. He/she shall be prohibited from operating any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation;

Nevertheless, the Defendant operated the said car without being covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to report the occurrence of traffic accidents, survey reports on actual condition, photographs, mandatory insurance inquiries, and inquiries into non- mandatory insurance information;

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 Automobile Damages, and the main sentence of Article 8 of the same Act on Special Cases concerning the Settlement of Traffic Accidents, concerning criminal facts;

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