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(영문) 인천지방법원 2019.07.26 2019고정1027
교통사고처리특례법위반(치상)등
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 is a person who is engaged in driving of the Grandroth A. The Defendant is a person who is engaged in driving the Grandroth.

On September 10, 2018, the Defendant driven the above van on the 20:30 on September 10, 2018, and led the front road in Incheon Seo-gu, Seo-gu, to the F apartment.

Since there are lots of commercial buildings concentrated and frequent traffic of pedestrians, the defendant engaged in driving of motor vehicles has a duty of care to safely check the right and the right of the rear and the right and the right of the driver.

Nevertheless, the Defendant neglected to do so and received the victim G (the age of 49) who crosses the road behind the vehicle behind the Madern Defendant's vehicle due to negligence.

As a result, the Defendant suffered approximately two weeks of medical treatment from the victim by negligence in the above business.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of Grand Star Co., Ltd.

No motor vehicle owner shall operate any motor vehicle on the road on which mandatory insurance is not subscribed.

Nevertheless, the Defendant operated the van without mandatory insurance at the temporary location of Paragraph 1.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. G statements;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of Acts and subordinate statutes on mandatory insurance;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [referring to the concurrent crimes resulting from the violation of the Act on Special Cases concerning the Handling of Traffic Accidents, which has heavier punishment];

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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