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(영문) 대전지방법원 2020.03.19 2019고정1218

교통사고처리특례법위반(치상)등

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Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

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 B-learning passenger car.

On June 20, 2019, the Defendant driven the said car on June 20, 2019, and continued to drive the said car, leading it to the F apartment from the direction of the E elementary school to the F apartment.

Since there is a road where vehicles are frequently operated, there is a duty of care to prevent accidents by accurately operating steering the steering gear and brakes and by safely checking the boom and the left and right of the driver.

Nevertheless, the Defendant neglected this and went back to the front part of the victim G (78 years old, south) who was pushing ahead of the same direction in the same direction in the forward direction, due to the negligence in which the Defendant was going ahead, while neglecting it.

Ultimately, the Defendant suffered injury to the victim, including two weeks of medical treatment, due to the above occupational negligence.

2. The Defendant violating the Guarantee of Automobile Accident Compensation Act is a holder of B-learning automobiles.

The Defendant operated the B-learning car that was not covered by mandatory insurance at the same time and at the same place as stated above 1.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the accused;

1. Traffic accident report, automobile registration certificate, and mandatory insurance associations;

1. Application of Acts and subordinate statutes confirming medical treatment;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, Article 268 of the Criminal Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation;

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

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

1. Article 62 of the Criminal Act;