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(영문) 제주지방법원 2014.10.02 2014고정631
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On March 14, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving a vehicle with the victim C (20 years of age) who was friendly on the back seat of the registered 125C, and driving the vehicle to turn to the left at the seat of the Jeju Correctional Institution at the seat of the Korea-U.S. In the Jeju-U.S. arboretum at the time of the Jeju,

Since there is an intersection where a signal is installed, there is a duty of care to safely drive according to the signal signal, etc.

Nevertheless, the Defendant was at the front part of the victim D(S, 42 years old), who passed the intersection from the front part of the driver's right side to the intersection due to the negligence that caused the left-hand turn while the red stop signal, etc. was turned on.

As a result, the victim D, who is a driver of the Ethr-car, suffered from the injury of the victim C, such as the upper part of the wooden part requiring a treatment for about two weeks, and the victim C, who was on the back part of the Ethr-car, suffered from the injury of the victim C, such as the upper part of the driver's license, requiring a treatment for about six weeks.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the holder of the above Oral Ba, operated the above Oral Ba, which was not covered by mandatory insurance from the vicinity of the Marain-dong, Jeju to the Nomal Round to the Nomal Matari on the date specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the practical survey report, each photograph, diagnosis report, and reply letter;

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

1. Formal concurrence and the choice of punishment: Articles 40 and 50 of the Criminal Act;

1. Aggravation of concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 (within the scope of adding up the amount) of the Criminal Act;

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

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