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(영문) 창원지방법원 2017.06.16 2016고단4453
교통사고처리특례법위반(치상)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle that is not registered, 125cc.

On November 19, 2016, the Defendant driven the above two-wheeled vehicle on November 20, 2016, and proceeded in the direction of the commercial building in the direction of the 1 Dong office where the 3rd Do-dong, which is in Kimhae-si, Kim Jong-si.

At the time, there are nights, and there are crosswalks where signal lights are installed, so the driver has a duty of care to check whether a person engaged in driving service has a road to reduce speed and to see well the right and the right and the right and the right and the right and the duty of care to drive safely according to the new code.

Nevertheless, the Defendant neglected this and found the victim C (C and 26 years of age) who crosses the crosswalk installed on the right side of the crosswalk in accordance with the passage signals by neglecting the vehicle stop signal and driving it as it is, but later, later, found the victim C (C and 26 years of age). The victim was the front part of the Defendant's driving.

Ultimately, the Defendant suffered injury to the victim under the above occupational negligence, which caused approximately six weeks of medical treatment to the left-hand laverization.

2. Although the Defendant is prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation, the Defendant operated a two-wheeled motor vehicle as stated in paragraph (1) at the time and place specified in paragraph (1), which is not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

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

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)1 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of fines), Article 46(2)2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the duty of mandatory insurance).

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