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(영문) 광주지방법원 2018.11.29 2018고정808
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Around 08:50 on January 10, 2018, the Defendant driven the instant benz car, which was not covered by mandatory insurance, and proceeded on the Dorts-gun on the surface of the Dorts-gun in accordance with the road located in the Dorts-gun C before South and North. Since the Dorts-gun was a road bended on the right side, and the Dorts-gun took a lot of snow at the time, the Defendant’s failure to perform the duty of care for safe operation, such as accurately operating the steering gear and steering system, and sufficiently seeing the steering gear and steering system, and caused the injury and damage of the said vehicle at the same time, by the negligence of driving the said vehicle while neglecting the duty of care for safe operation, while driving the said vehicle in excess of the center part of the said road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. An accident scene photograph;

1. Mandatory insurance inquiries (Order 8 in the list of evidence);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 46 (2) 2 of the Act on the Guarantee of Compensation for Damages Caused by Motor Vehicles, the main sentence of Article 8 (the operation of a motor vehicle which is not mandatory insurance), Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents and a crime of violating the Road Traffic Act);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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