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(영문) 수원지방법원 2015.10.08 2015고정2050
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a Poter Cargo Vehicle B on duty.

1. On November 29, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act (hereinafter “the Road Traffic Act”), followed the Defendant on the street in front of the HJJ ice-dong, Suwon-si, Suwon-si, Suwon-si.

A person who intends to proceed back is obliged to take a duty of care to prevent an accident by well-speaking the left and right, and checking whether there are vehicles that proceed in the post, and then moving back to the post.

Nevertheless, the Defendant neglected this and caused the injury to the victim C (the 32 years old), who was in a direct back of the mastal due to negligence, caused the injury to the victim due to the erode and the tension that requires two-day medical treatment, and the victim E (the son, the son, and the 26 years old), by causing the injury to the victim E (the son, the son) by the erode and the tension in need of two-day medical treatment. The Defendant damaged the erode of the fluent vehicle by causing the repair cost equivalent to KRW 1,649,591 at the market price.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, when intending to drive a road on a temporary basis as referred to in the preceding paragraph, he purchased mandatory insurance and operated the said vehicle, which was not covered by mandatory insurance (liability insurance). However, the Defendant driven approximately 5 km from the south and South East East-dong area of the Suwon-gu in Suwon-gu to the place of the accident.

Summary of Evidence

1. Defendant's legal statement;

1. Statement C and E in the suspect examination protocol of the accused by the prosecution;

1. The actual survey report and the occurrence of traffic accidents;

1. Photographs related to the case;

1. Each written diagnosis;

1. Written estimate;

1. Application of Acts and subordinate statutes regarding 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 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015).

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