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(영문) 수원지방법원 성남지원 2017.06.16 2017고정52

교통사고처리특례법위반(치상)등

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Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of B Poter cargo vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and Road Traffic Act;

On June 7, 2016, the Defendant driven the above-mentioned vehicle around 08:10 on June 7, 2016, and proceeded around the 2 tunnel in the vicinity of the jun-gu, Sungnam-si, Sungnam-si to the front-dong gate.

At the same time, since the body of a vehicle was serious, in such cases, a person engaged in driving service has a duty of care to safely drive the vehicle, such as securing a distance necessary to avoid collision with the vehicle in front of it, if the vehicle in front stops.

Nevertheless, the Defendant was negligent in driving a vehicle by neglecting it, and the victim C(52) who was stopping at the fixed body of the vehicle at the time was driven by the victim C(52) and was driven by the front part of the Defendant’s vehicle.

After all, the defendant suffered injury to the victim by negligence in the above business, which requires approximately two weeks of treatment, and at the same time damaged vehicles to require 3,447,763 of repair costs, such as exchange of damaged vehicles, etc.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a person who holds B cargo vehicles.

Although the defendant is prohibited from operating a motor vehicle which is not covered by mandatory insurance on the road, he operated the above cargo vehicle which is not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a written statement on the occurrence of a traffic accident;

1. An inquiry into the register of vehicles, the ledger of driver's licenses (A), and mandatory insurance (date of maturity of insurance);

1. Application of the written diagnosis (C), photograph of a vehicle, and written estimate under statutes;

1. Article 3(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 of the Guarantee of Automobile Damage Compensation Act.