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(영문) 의정부지방법원 2013.08.07 2013고정991
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 1,700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of Category C cargo vehicles.

On December 5, 2012, the Defendant driven the above vehicle around 12:30 on December 5, 2012, and proceeded two lanes in front of the 379-lane 379 in the southyang-si.

When a vehicle in front stops suddenly, a driver of any motor vehicle has a duty of care to ensure the necessary distance to avoid the collision with the vehicle in front and to prevent the accident in advance.

Nevertheless, the defendant is negligent in doing so.

The part of the damaged vehicle was driven by the victim D(58 years old) who was driven by the victim D(58 years old) and did not avoid stopping for the signal waiting and received the back part of the damaged vehicle due to the front part of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., by negligence in the course of business as above, for about three weeks of a shoulder that requires medical treatment.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of C Poter freight.

No automobile which is not covered by the mandatory insurance shall be operated on a road.

Nevertheless, at around 12:30 on December 5, 2012, the Defendant operated the said automobile which was not covered by mandatory insurance on the front of 379 Magdong-ri, Mayang-si, Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

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

1. A medical certificate (D);

1. Application of the Acts and subordinate statutes of the tea association and mandatory insurance association;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines

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

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

1. It is so ordered as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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