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(영문) 대구지방법원 상주지원 2016.06.28 2016고정64
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act is a person engaging in driving service of CMF5 automobiles.

On February 15, 2016, the Defendant driven the above vehicle at around 15:20, and led to the intersection of the three-distance intersection in front of the Seocheon River located at the ordinary border at the time of residence, from the west to the east of the west.

Since there is a three-lane crossing, there was a duty of care to properly observe the way of driving and accurately manipulate the steering gear and brakes so as to prevent accidents from occurring.

Nevertheless, the defendant neglected this and entered the intersection from the one-lane to the two-lane, and caused the victim D(39 tax)'s two-lane in the same direction as the other-lane, the two-lane cargo driver's seat of the defendant's vehicle was shocked by the two-lane part of the victim D(39 tax)'s two-lane in the same direction.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to the above occupational negligence, and damaged the E-Poter Cargo Vehicles owned by the victim resident cargo company to repair KRW 606,406.

2. On February 15, 2016, a person who violated the Guarantee of Automobile Compensation Insurance Act was unable to operate a motor vehicle which is not covered by mandatory insurance, but the Defendant operated a CMF5 motor vehicle quantity at the place specified in the said paragraph 1 at the time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A traffic accident report, a survey report on actual condition, an accident scene photograph, and on-site photograph;

1. A written diagnosis and written estimate;

1. Inquiry into information on non-performance of mandatory insurance;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and de facto occupation) and Article 151 of the Road Traffic Act (the occupational and de facto collapse) concerning criminal facts.

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