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(영문) 대전지방법원 2013.11.01 2013고정1828

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

At around 23:00 on July 4, 2013, the Defendant, without purchasing mandatory insurance, driven a B-to-purd motor vehicle, and driven a B-to-purd motor vehicle in front of the members of the Yongsandong-gu Daejeon Special Metropolitan City, with two-lanes from the middle Ne-distance distance to the middle Ne-Ne-distance distance.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether there is a person who will cut the way by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected to do so and did not confirm that the vehicle progress signal is changed to a stop signal, and did not proceed to the port from the right side of the direction to the left side of the road as it is, by negligence, destroyed the victim by shocking the left side of the DCA110V, driven by the victim C ( South and the age of 46) who driven the crosswalk to the right side of the road in accordance with the pedestrian signal, thereby getting about two weeks off the right side of the vehicle driven by the Defendant, causing about two weeks of the vehicle driven by the driver, and at the same time, damaged the vehicle to repair cost of KRW 619,840.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the mandatory insurance policy (15, 16 pages of investigation records), medical certificate, and written estimate Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) and (1) of the 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) and 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Crime;

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 of the provisional payment order;