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(영문) 창원지방법원 2018.07.17 2017고정755

교통사고처리특례법위반등

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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

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 bicycle with a 108 weather engine device;

On April 20, 2016, the Defendant, at around 19:50 on April 20, 201, proceeded to the decentralization distance from thewest side of the Kimhae-si.

At the time of night, the person engaged in driving service has a duty of care to thoroughly see the front door and prevent the accident from occurring.

Nevertheless, the defendant neglected this and proceeded slowly on the side of the road, and the victim E (72 tax) who was walking and talking about a bicycle, etc. was placed on the right hand of the motor device operated by the defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the inspection of the completion part before the right side requiring two weeks medical treatment.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is almost one holder of Category B 108 Engines.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant operated the above automobile which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. A medical certificate;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

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, 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 selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;