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(영문) 대전지방법원 2013.11.29 2013고정1900

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On November 2, 2012, the Defendant, such as violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, is a person who is engaged in driving of Bpppppppon vehicles. On November 2, 2012, the Defendant continued to drive a four-lane road of the four-lane distance distance of the Seo-gu Daejeon Special Metropolitan City Ppon Training Center at a speed of about 40km per hour from the direction of the sampling distance.

In such cases, the driver has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant was negligent in neglecting the duty of care due to the driving of a stroke, and received the parts remaining behind the victim C's vehicle in a stop according to the new subparagraph as the front part of the Defendant's driving vehicle.

As a result, the Defendant suffered from the injury of fluoral salt pans, etc. which requires treatment for about two weeks, and at the same time, damaged the damaged vehicle to be 1,233,896 won, such as the exchange of fluors.

2. On October 2012, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated a B typ vehicle owned by the Defendant, which did not purchase mandatory insurance from the date and time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition of traffic accidents;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

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

1. Article 334(1) of the Criminal Procedure Act shall not be less than that of the provisional payment order.