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(영문) 서울동부지방법원 2014.09.19 2014고정1418

교통사고처리특례법위반등

Text

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

The Defendant is a driver of Oral Ba, B 125cc.

1. Around 13:00 on June 20, 2014, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents, driving the above Daba, and proceeding the crosswalk in front of the Dabawon located in Gwangjin-gu Seoul Special Metropolitan City, with D Han-won from the room of the LAB driving school to an unfluened speed.

Although a person engaged in driving of a motor vehicle is prohibited from crossing a crosswalk by using the motor vehicle, the defendant's negligence in the course of driving the motor vehicle across the crosswalk, caused the right edge of the victim E (V, 57 years old) who is a pedestrian with the same direction as the defendant, in accordance with the pedestrian signals due to the occupational negligence of crossing the crosswalk, driving of the motor vehicle.

In this regard, the Defendant suffered approximately three weeks’ high-speed salt, etc. to the right-hand side in need of treatment by negligence on the part of the Defendant.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated a two-wheeled automobile not covered by mandatory insurance, such as the date and time stated in Paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Mandatory insurance policy;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) and (6) 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 Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the selection of each fine;

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;