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(영문) 부산지방법원 2014.10.30 2014고정3229
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and violation of the Road Traffic Act, the Defendant driven D Poter Cargo Vehicles on March 4, 2014, and led the Busan Chamber of Commerce and Industry to the 4th intersection from the front side of the Tae apartment, which is located 30 degrees as Busan, under the Busan, Seogjin-gu, Busan.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately manipulating the steering gear, brake system, etc. of the motor vehicle.

Nevertheless, the Defendant neglected this and did not find out that the Defendant did not temporarily strawed the victim E-turn, which is the preceding vehicle due to the negligence of neglecting the duty of care, and received the said part of the fronter part of the said cargo vehicle that the Defendant driven.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above, and at the same time damaged the Defendant to ensure that the repair cost of the vehicle is equivalent to KRW 807,000.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the foregoing cargo vehicle on which no mandatory insurance was subscribed on the road as described in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to medical certificates, estimates, CDs, and information about non- 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 Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Inter-sections of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and Violation of the Road Traffic Act);

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

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