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(영문) 제주지방법원 2018.06.27 2017고단3039

교통사고처리특례법위반(치상)등

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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 Special Act on the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving service with a number of 49 cc.

On July 11, 2017, the Defendant driven the off-to-face 17:05, and proceeded to turn to the left at the Newsan Public Security Center from the direction of the new mountain beach.

At the same time, there is a sign prohibiting to turn to the left, and in such cases, there was a duty of care to reduce the speed and safely drive the vehicle as a person engaged in driving service, so that the vehicle can safely drive the vehicle, thereby preventing the accident.

Nevertheless, the Defendant did not properly see the front side and did not receive the front part of the victim E (74) driving a 124 cc U.S. left right from the left side of the progress direction due to the negligence of proceeding without properly putting the front side into the front part of the victim E (74 cc).

Ultimately, the Defendant suffered injury to the victim, such as double-water extraction No. 3 on the left-hand side, which requires approximately six weeks of medical treatment due to such occupational negligence.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a person who has an objection to the number 49cc.

No holder of Oral Ba shall operate Oral Ba which is not covered by mandatory insurance on the road.

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance under the Guarantee of Automobile Damage Compensation Act at the time and place mentioned in paragraph (1) above.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (including those on duty and negligence), Article 46(2)2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating automobiles which are not mandatory insurance), and selection of fines, respectively;

1. Aggravation concurrent crimes;