beta
(영문) 제주지방법원 2013.04.09 2013고단148

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On October 11, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) by driving the 49cc Oral land owned by Defendant on October 11, 2012, and operating the intersection in front of the Nongcheon-gu, Gyeongcheon-gu, Chocheon-gu, Jeju as an area of a new village. Since the intersection without signal, the Defendant had a duty of care to check whether there are vehicles crossing by reducing speed or temporarily stopping, and to drive it.

Nevertheless, the Defendant neglected this and inflicted injury on the victim C (the 21-year-old driver), who was directly located on the right side of the progress direction, to the front part of the victim C (the 21-year-old driver), who was directly located on the right side of the victim C (the 21-year-old driver), to the right side of the Defendant, such as a fluoral fluoral frame, etc., which requires approximately 6 weeks of treatment to the victim C, and to the victim E (the 20-year-old passenger E (the 20-year-old driver), caused the injury, such as the throst, fluor, and the fluoral tension.

2. Despite the fact that a motor vehicle not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act is not operated on the road, the Defendant driven a motor vehicle with no registration 49cc c. owned by the Defendant at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the relevant Acts and subordinate statutes to traffic accidents and medical certificates;

1. Relevant legal provisions concerning criminal facts: Article 3 (1) and proviso of Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Selection of a fine;

1. Aggravation of concurrent crimes: The provision of the former part of Article 37, and Articles 38 (1) 2 and 50 (within the scope of adding up the amount) of the Criminal Act;

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

1. Provisional Payment Order: Article 334 of the Criminal Procedure Act.