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(영문) 울산지방법원 2019.05.28 2019고정224
교통사고처리특례법위반(치상)등
Text

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. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (hereinafter “Road Traffic Act”) and a defendant is a person engaged in driving a BMF

On January 14, 2019, at around 18:00, the defendant sent a signal to the left from the front side of the bus stops of the Nam-gu Seoul Metropolitan City C apartment bus in order to make the left turn to the left from the right side of the old Troopter to the right side of the old Troopter.

There are three-distances, driving workers have the duty of care to drive safely by thoroughly performing all-time duties.

Nevertheless, the Defendant neglected the above duty of care and did not confirm whether a vehicle parked prior to the change of signal is moving, and due to the negligence of proceeding without checking whether or not the vehicle parked prior to the change of signal, and received the back part of the KS7 vehicle driven by the victim D(35 years old) who stops in front of the vehicle of the Defendant, as the front part of the MF5 vehicle.

As a result, the Defendant caused by negligence on duty the victim D and the victim F (n, 39 years of age) who is accompanied by the above K7, to suffer from the injury of the fatt that requires treatment for about two weeks, and at the same time, damaged the above K7 car to cover approximately KRW 368,685 in repair cost.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated the BM5 vehicle that was not covered by mandatory insurance from a section of about 600 meters from the Nam-gu, Ulsan-gu to the same Gu, Ulsan-gu to the date and time zone stated in the above Paragraph 1 to the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Each written diagnosis and estimate about D or F;

1. Application of Acts and subordinate statutes of the report on the occurrence of traffic accidents, the actual survey report, and the mandatory insurance policy;

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, and Article 46(2) of the Guarantee of Automobile Accident Compensation Act concerning criminal facts.

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