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(영문) 대구지방법원 포항지원 2018.01.10 2017고정312
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. The defendant is a person who drives a vehicle B with the driver of the vehicle B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On May 11, 2017, the Defendant driven the above car at around 08:30, and tried to turn to the left by impairing the center line to the Gan Hospital, while driving the D cafeteria in the north-gu C at the port of port from the right side of the common beach at the port of port.

In this case, there was a duty of care to prevent a person engaged in driving motor vehicles from breaking the central line.

Nevertheless, the Defendant neglected to do so and forced the F cab driven by the victim E driving in the middle of the two lanes from the Western west, where the center line was invaded by the negligent negligence, to the one-lane bathing beach from the West west west.

Ultimately, the Defendant suffered injury in need of two weeks’ medical treatment due to the climatic salt, tension, etc. from the victim G who boarded the damaged vehicle due to the foregoing occupational negligence.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, at around 08:30 on May 11, 2017, the Defendant driven a B-pack vehicle without mandatory insurance with approximately 400 meters up to the front day of the D-C restaurant located in the same Gu as the department store in front of the department store.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. A report on traffic accidents and a survey report on actual condition;

1. Inquiry into mandatory insurance;

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

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

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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