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(영문) 부산지방법원 2017.10.17 2017고단4404
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On June 15, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a 125 cc otobane without number plates around 07:50 on June 15, 2017, and continued to drive a 125 cc obane in front of the D cafeteria in Busan Dong-gu, Busan, about a speed of about 60 kilometers from the luminous seafarer’s side to the 1 east community service center.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving service has a duty of care to safely drive by checking whether there is another vehicle driving an intersection while driving on the right side of the center line.

Nevertheless, the defendant neglected this and proceeded to turn to the right of the light seafarer from the right side of the opposite side by the negligence that the center line was pushed to the opposite side and proceeded to the opposite side without waiting to turn to the right.

E was used on the floor in order to find a Foldo taxi which he drives and avoid the collision with the taxi, and the victim G (24 years old) on the back foldo which was on the back foldo.

After all, the Defendant suffered approximately 12 weeks of the above occupational negligence from the closure of a copy of the outer side, which requires medical treatment.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) was the owner of 125 Choba without the above serial number plates; (b) operated the above Obaba, which was not covered by mandatory insurance, at the same time and place as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A traffic accident report;

1. A medical certificate;

1. Inquiry into mandatory insurance;

1. A motor vehicle transfer certificate, etc.;

1. Application of Acts and subordinate statutes to the investigation report (No. 13 of the evidence list);

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 46(2)2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 (Operation of Vehicles which are not mandatory insurance)

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