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(영문) 창원지방법원 진주지원 2016.08.25 2016고정323
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On May 23, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) driven a car with B Corland B around 20:20, and led to a road of approximately 40 km each hour at a speed of 30 km prior to the head office of Samcheon National Agricultural Co., Ltd. located in Scheon-si, Seocheon-si.

At the time, the crosswalk was installed at night and at the front door, so in such a case, there was a duty of care to see the front door and to safely proceed with the pedestrian's care.

Nevertheless, the Defendant neglected to do so, and continued to walk up the road from the right side of the Defendant’s course to the left side of the crosswalk by his negligence in the course of his duties, which led the victim C (42) who was standing up the road according to the crosswalk, to go up to the front side of the Defendant’s front car, thereby leading the victim to the floor.

Ultimately, the Defendant suffered injury to the victim, such as the escape of the left-hand shoulder, which requires approximately six weeks of treatment due to the above occupational negligence.

2. The Defendant violated the Guarantee of Automobile Compensation Act, as a person holding a car in the above column, operated a car in the above column, which was not covered by mandatory insurance from around the 1km section of approximately 1km to the place where the said accident occurred, from the roads near Samcheon-si bus terminals located in Samcheon-si, Incheon Metropolitan City at the time of the above day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes to tea inquiries and mandatory insurance inquiries;

1. Article 3(1) and the proviso to Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act concerning criminal facts;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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