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(영문) 대구지방법원 경주지원 2015.06.24 2015고단146

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 engaging in driving a C Eth Motor Vehicle.

On November 11, 2014, at around 15:00, the Defendant was driving forward the front road of the "Dongju Agricultural Cooperative," located in the Sinpo-Eup Spo-Eup Spo-si, Sinpo-si, Sinbuk-si, Dongju-si, Seoul, from the bottom of the breakwater to the sinking distance.

Since there are many pedestrians frequently and the width of the vehicle was narrow side, the driver of the vehicle has a duty of care to accurately operate the steering system, making it possible for the driver of the vehicle to live well in the front line and to accurately operate the steering system.

Nevertheless, by negligence that the defendant neglected and proceeded as it is, the part of the victim D (the age of 10) was shocked into the front part of the defendant's vehicle, which is left on the right side from the left side.

The Defendant suffered injury to the victim, such as overcoming dynasium, which requires approximately four weeks of medical treatment, due to such occupational negligence.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, without purchasing a mandatory insurance policy for a motor vehicle at the time and place stated in the preceding paragraph, driving the said motor vehicle as above.

Summary of Evidence

1. Defendant's legal statement;

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

1. Written statements of D;

1. The application of the Act and subordinate statutes to the actual situation survey report, photographs of the scene of the accident, license register, and detailed inquiry report, information inquiry into which mandatory insurance is not mandatory insurance, diagnosis report, investigation report (as to whether agreement is reached or not), investigation report (as to whether there is an intention to punish a suspect, and investigation report (as to the confirmation of the same type of non-prosecution power);

1. The pertinent legal provision on criminal facts, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46(2)2 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015) and the main text of Article 8 (amended by Act No. 12987, Jan. 6, 2015) are limited to the victim’s parents and parents.