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(영문) 부산지방법원 동부지원 2014.04.28 2014고정263

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

The defendant is a person who is engaged in driving a 100cc rapidly in the deldelic lava.

1. Around 17:45 on August 24, 2013, the Defendant driven the above urba at a section of about 100 meters from the front of the KT Telephone, which was located in the Busan Shipping Daegu, without a motorcycle license, to the entrance of B apartment 103, at approximately 100 meters.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the above Oba, which was not covered by mandatory insurance, at the same time and place as in the preceding paragraph.

3. On August 24, 2013, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents: (a) driven the above Obane and proceeded with the roads in front of Busan Shipping Daegu Apartment 103, B apartment at the seat of the return market.

At the same time, the apartment area is a place where the residents frequent, and thus, the driver of the motor vehicle has a duty of care to prevent the accident by accurately manipulating the front door, and by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so and had the victim C (two years of age) who was playing in the front direction of the course due to negligence, and suffered about two weeks of treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. The actual condition survey report;

1. A traffic accident occurrence report;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of the Acts and subordinate statutes of notification of unregistered earth and sand;

1. Article 3(1), the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts.