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(영문) 광주지방법원 2014.09.30 2014고단2427
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act and the Defendant was a person engaging in driving a vehicle B, and on December 28, 2013, the Defendant driving the said vehicle at around 16:20, and driving the said vehicle at around 75.6 km away from the front body of the luminous located in the Dong-dong, Gwangju Northernbuk-dong. The driver driving on an expressway had a duty of care to look at the front and rear seat well, accurately operate the steering direction, and prevent the accident from occurring by accurately operating the steering direction and operating the steering gear. However, the Defendant was negligent in the Defendant’s negligence while driving the vehicle at the front side of the Defendant’s vehicle, and received the part of the victim C (54 years old, No. 54 years old, No. 8) of the victim C (5 years old, No. 8) who was driving the vehicle at the Defendant’s passenger vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence in detail, which requires treatment for about two weeks, and at the same time damaged the victim's k5 car to repair cost of KRW 8,455,205.

2. A person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle which is not covered by mandatory insurance, but the Defendant operated a motor vehicle in B, which is not covered by mandatory insurance, at the same time and place as the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the occurrence of each traffic accident in C and E;

1. Reports on traffic accidents, reports on investigations, and information on the purchase of mandatory insurance;

1. Each written diagnosis and written estimate for repair;

1. Application of statutes on site photographs;

1. Article applicable to criminal facts;

(a) Injury caused by occupational negligence: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act;

(b) Destruction and damage of occupational fruits: Article 151 of the Road Traffic Act; and

(c) Non- mandatory insurance: Articles 46(2)2 and 8(2) of the Guarantee of Automobile Accident Compensation Act.

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