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(영문) 대구지방법원 의성지원 2017.06.22 2017고단104
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act is a person who is engaged in driving service of B recreations or automobiles.

On April 7, 2017, the defendant driving the above vehicle around 22:55, and proceeded with the national highways of the Gyeongsung-gun in front of the Gyeongbuk-gun according to the one-lane area of the Andong-si located in the Dong-si.

Since there is a place to be separated from the center, there was a duty of care to pass along the center right side of the road.

Nevertheless, the Defendant neglected this and caused the collision with the front part of the passenger vehicle of the Defendant for the passenger vehicle of the victim D (Se. 43 years old) driving with the victim D(Se. 43 years old) driving with a normal driving at the Ma-e-Eup from the inside of the air at the time when the Defendant was negligent in driving beyond the central separation zone, and the front part of the passenger vehicle of the Defendant.

Ultimately, the Defendant caused, by the above occupational negligence, to the victim D and his/her wife F (the 16-year old-age-old passenger) for approximately two-day medical treatment to the victim F (the 16-day old-age-old passenger). At the same time, the Defendant damaged the said 3-car to require the repair cost of KRW 19.66 million.

2. The defendant in violation of the Guarantee of Automobile Compensation for Damages is a holder of B tea or passenger car, and no one shall operate an automobile which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the said Le-to-car, which was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a survey report on actual condition (including on-site photographs);

1. Inquiry into the mandatory insurance, and inquiry into information on the non-performance of mandatory insurance;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 3(1) and the proviso of Article 3(2) 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, Article 46(2)2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases concerning the Settlement of Traffic Accidents”), concerning criminal facts

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