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(영문) 울산지방법원 2017.12.20 2017고단3512
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, on June 1, 2017, the Defendant operated the E-Belgium Picker car that was not covered by mandatory insurance on the first-lane road located in Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of insurance subscription certificates and mandatory insurance-related Acts and subordinate statutes;

1. Relevant Article 46 of the Act concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Motor Vehicle Damages, and Selection of fines;

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged of violating the Act on Special Cases concerning the Settlement of Traffic Accidents among the facts charged in the instant case is as follows.

The defendant is a person who is engaged in the operation of the E Belgium car.

On June 1, 2017, the Defendant, at around 16:00, proceeded with a one-laned road in the south-gu Seoul Metropolitan Government, Ulsan Metropolitan City, at the speed of about 40 km from the terminal side of the Ulsan Metropolitan bus terminal to that of the East Metropolitan City.

In such cases, a person engaged in driving service has a duty of care to prevent any accident, such as taking the front, left, and left well, accurately operating the steering and brakes, and driving safely.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to proceed on the front side of the said Defendant’s driving direction, caused a victim F (F, 53 years old) who was crossing the road at the right side of the said Defendant’s driving direction to the left side of the crosswalk, to take up the front part of the said vehicle’s driving, and suffered approximately 8 weeks off the left side of the instant vehicle’s driving direction by taking up the victim as the top part of the front part of the said vehicle’s driving.

Ultimately, the Defendant caused the injury to the victimized person by occupational negligence above.

2. The above facts charged are determined.

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