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(영문) 대전지방법원 서산지원 2017.08.17 2017고정81

교통사고처리특례법위반(치상)등

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1. The sentence against the accused shall be 4,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a motor vehicle B New EF rocketing.

On December 28, 2016, the Defendant, along the three-lane road at the speed of about 40 km from the D connected road to E along the three-lanes in Jin-si on December 18, 2016. The Defendant had a duty of care to take care of the front bank and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, the Defendant neglected this and took part of the part above the right-hand side of the said new EF rocketing car, which was driven by the victim F(31 S) driving in the straight line with the first lane due to the negligence of turning it over to the first lane.

As a result, the Defendant suffered injury to the victim F and the victim H (V, 25 years old) who was accompanied by the victim F and the said rocketing car, respectively, for about two weeks of treatment.

2. The Defendant violated the Road Traffic Act, such as paragraph 1, destroyed the Victim F’s rocketing car owned by the Defendant to repair KRW 857,745.

3. The Defendant violated the Guarantee of Automobile Compensation Act: (a) the Defendant operated a new EF rocketing car not covered by mandatory insurance at approximately 50 meters section from the date of the time set forth in paragraph (1) to the place of the said accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The actual survey report and on-site photographs;

1. Application of the mandatory insurance-related Acts and subordinate statutes;

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 (a point of operating an automobile with no mandatory insurance), Article 46(2)2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 (the point of operating an automobile with no mandatory insurance) concerning criminal facts;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of each alternative fine for punishment;

4. Aggravation of concurrent crimes.