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(영문) 서울서부지방법원 2016.04.14 2016고정232

교통사고처리특례법위반등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a non-registered 124cc.

On April 29, 2015, the Defendant, around 09:00, proceeded the three lanes in front of Seodaemun-gu Seoul, Seodaemun-gu B, Seoul, in the direction of the opposite direction from the direction of the horizontal distance.

At the time, it was difficult to cut off the off and there is a crosswalk where signal lights are installed. In such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person to drive the motor vehicle in a safe manner by reducing speed and checking the right and the right and the right of the motor vehicle and checking whether he/she is a person.

Nevertheless, the Defendant neglected this and operated the brake signal system by reporting the yellow light signal at the latest due to negligence, but the Defendant got the victim C (64 tax) crossing the crosswalk in accordance with the broom pedestrian signals with the front wheels of the front broom, which was cut off in the broom and turned over to the road.

Defendant 1 suffered injury to the victim due to the above occupational negligence, such as an injury to the victim due to the 6 week medical treatment.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, without purchasing mandatory insurance at the time and place specified in paragraph (1), operated the said unregistered franction.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a written statement on the occurrence of a traffic accident;

1. Report on internal investigation (the receipt of the case, investigation plan, and non-registered or non-insurance);

1. A certificate of hospitalization and a medical certificate;

1. Application of Acts and subordinate statutes governing the suspected vehicle and accident scene photographs;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Determination of Punishment, Article 268 of the Criminal Act, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the selection of fines, respectively;

1. Article 37 of the Aggravation of Concurrent Crimes Act.