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(영문) 대구지방법원 2014.03.27 2013고단5401
교통사고처리특례법위반등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a 124cc meta, without a number plate.

1. Around 06:50 on July 21, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, driving the above Oba, and driving the front road of the same pharmacy located in the Southern-gu, Daegu-gu, Daegu-do along three-lanes from the direction of the new south-distance distance.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the left-hand part of the Ortoba, where the victim C (the aged 60) who proceeded with the crosswalk as it was negligent, disregarding that the vehicle progress signal is changed to a stop signal, was driven by the Defendant, and the left-hand part of the Ortoba, which was driven by the victim C (the aged 60).

As a result, the Defendant suffered from an acute trauma wound that requires approximately eight weeks of treatment due to such occupational negligence.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said Baba, which was not covered by mandatory insurance at approximately 5km section from the date of temporary border in Daegu-si, Daegu-ro 208-ro to the front day of the Nam-gu, Daegu-dong, Daegu-do, Chungcheongnam-do, Busan-si, to the front day of the Dormant City.

Summary of Evidence

1. Statement made by the accused corresponding thereto in the second protocol of trial;

1. Statement of the police officer in C (Simplified traffic);

1. A report on the occurrence of a traffic accident, on-site map, and on-site display and inspection table;

1. A traffic accident report (1) actual condition survey report, and a traffic accident report (2) actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act.

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