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(영문) 울산지방법원 2015.06.25 2014고정1360
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act is a person engaging in driving a 100CC-wheeled vehicle.

At around 06:45 on November 21, 2013, the Defendant straighted a private distance crossing without signal C, etc. in Ulsandong-gu B at a speed of 30km from the surface of the cam elementary school to the surface of the eight-lane apartment bank from the cam elementary school.

Since there is a place where traffic is not controlled, a person engaged in driving service has a duty of care to check whether there is a cross-road vehicle by reducing speed or temporarily suspending the vehicle.

Nevertheless, due to the negligence that the Defendant neglected to temporarily stop or proceed without complying with it, the victim D (the age of 26) who was the left-hand side from the right-hand side of the proceeding direction at that time led to the shocking part of the front-hand part of the driver's seat of the vehicle in front of the sea-shielded vehicle.

As a result, the Defendant suffered injury to the victim by negligence in the above business, which requires approximately two weeks of treatment, and at the same time damaged property equivalent to approximately KRW 1,815,216 of the cost of repairing the damaged vehicle.

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

1. The 100CC, which was not covered by mandatory insurance at the time and at the place of entry, was driving.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Written estimate;

1. A medical certificate;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Article 3(1) of the relevant 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 and Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12997, Jan. 6, 2015) concerning criminal facts

1.Article 40 of the Criminal Code of Trade and Trade.

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