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(영문) 부산지방법원 2019.01.10 2018고정1812

자동차손해배상보장법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of B car rental car.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, around 19:30 on March 24, 2018, the Defendant operated the said car without mandatory insurance on the front of the entrance road of 6 U.S. Southern subway Station located in the Busan Eastdong-gu, Busan.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Defendant of the Road Traffic Act are those engaged in driving a B car.

On March 24, 2018, the Defendant driven the said car at around 19:30, and continued to drive the said car to the direction of the intersection of the U.S., Southern subway Station No. 6, located in the hot spring dong-gu, Busan, to resign from the same direction.

Since this is a private-distance intersection where signal lights are installed, a person engaged in driving service has a duty of care to drive safely according to the signals.

Nevertheless, the Defendant neglected to do so, and the Defendant saw that the driver’s signal apparatus installed on the front side is negligent in proceeding as they are in contravention of the signal, and sent at the time, waiting, and stopped, and the left turn turn turn turn is changed to the signal signal, and the Defendant shocked the Dh-hur-hurd car of the victim C(YY 43) driving at the left turn.

As a result, the Defendant suffered injury to the victim, such as salt panions, which requires approximately two weeks of medical treatment due to the above occupational negligence, and at the same time damaged the victim’s car to the extent that the amount equivalent to KRW 1,847,508, such as the exchange of post-art pans.

Summary of Evidence

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

1. C’s statement;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes governing traffic accidents, actual condition survey reports, photographs related to traffic accidents, and mandatory insurance;

1. The point of driving motor vehicles which are not covered by the mandatory insurance under Article 46(2) and (2) of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the same Act concerning criminal facts;