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(영문) 서울북부지방법원 2018.04.26 2018고정416
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle of Bninisocoo.

On October 4, 2017, the Defendant driven the above vehicle at around 21:10, and turned off the two-lane road in front of the “D Mart” located in the Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, along a three-lane road, from the direction of the trigal distance, to the tunnel of Sogygy site.

Since there is a bus stop and there is a lot of pedestrian traffic, there was a duty of care to check the safety of the rear and prevent accidents in advance to a person engaged in driving service.

Nevertheless, the Defendant neglected this and did not discover the victim E (the age 62) who was on the roadway and was on the roadway in order to catch a taxi in the afterman Defendant’s vehicle, and received the victim due to the following part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as “the base of salt and tensions before the fluence of the fluent body,” which requires approximately two weeks of treatment.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of Bninikia car.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant operated the above automobile which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of traffic accidents, reports on respective traffic accidents, and written statements on the occurrence of traffic accidents;

1. A medical certificate;

1. Inquiry into each mandatory insurance;

1. Application of the Act and subordinate statutes related to accident video CDs and accident-related photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupational and de facto occupation), Article 46(2)2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating automobiles which are not covered by insurance), and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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