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(영문) 전주지방법원 군산지원 2016.08.24 2015고정526

자동차손해배상보장법위반등

Text

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 violating the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a C Eth vehicle.

On December 24, 2013, the Defendant independently driven the above vehicle at a speed of 07:30 on December 24, 2013, and proceeded to the left at a speed of about 10km from the nart eline to the outer intersection of the E in front of the Si of Gunsan.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to reduce speed, to live well, and to accurately operate other devices such as steering gear, brake system, etc. of the motor vehicle.

Nevertheless, the defendant neglected to turn to the left and did not discover the victim F (n, 58 years of age) who walk to the right side from the left side, and entered the left side and had the victim go beyond the place to avoid.

Ultimately, due to the above occupational negligence, the victim F is suffering from the injury of T1 and T12, which requires approximately eight weeks of treatment.

B. On December 24, 2013, the Defendant violated the Guarantee of Automobile Compensation Insurance Act: (a) the Defendant was prohibited from operating a motor vehicle on the road that is not covered by mandatory insurance; (b) but (c) the Defendant operated a C E business vehicle owned by the principal who was not covered by mandatory insurance at the said place.

Summary of Evidence

1. Each legal statement of witness F and G;

1. The actual survey report and on-site photographs;

1. A medical certificate (F) and a reply;

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

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act (including occupational and dental issues); Article 46(2)2 and 8 of the former Guarantee of Automobile Compensation (Amended by Act No. 12987, Jan. 6, 2015); and selection of fines for each offense

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;