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(영문) 대구지방법원 2015.12.16 2015고정2652

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of 3.5 million won.

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

Reasons

Punishment of the crime

1. He/she shall not operate any motor vehicle loaded on a road unless he/she has subscribed to mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act;

Nevertheless, at around 20:40 on September 23, 2015, the Defendant driven a 124cc occ diaba, which had not been covered by mandatory insurance, from approximately 2 km to the front of the mountain-in apartment located in the same Dong-dong, Daegu Northern-gu, Daegu-gu. From the foregoing time, the Defendant driven a 124cc oba.

2. The Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter referred to as the “Special Cases Concerning the Settlement of Traffic Accidents”) had three-lanes of the front road of the mountain mountain apartment zone located in the Daegu North-gu mountain-dong, Daegu-gu, Daejeon-do.

In this case, a person engaged in driving service has a duty of care to properly operate the steering and steering gear well and to safely proceed with it.

Nevertheless, the Defendant neglected this and got the victim B (the age of 56) who crosses the right side from the left side of the road to the right side of the road due to negligence, which led the Defendant to go beyond the road.

As a result, the Defendant suffered injury, such as a felone-day therapy, to the victim due to the above occupational negligence, for approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point where a person has not subscribed to mandatory insurance, the choice of fines), Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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