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(영문) 광주지방법원 2014.04.04 2014고단392
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 2, 2014, at around 08:50, the Defendant operated a passenger car in the B SP-type without mandatory insurance on a back-line street without the classification of the central line in front of the “SP-type restaurant” located in the Seoul Northern-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the accident site photograph;

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

1. Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation and Selection of fines concerning facts constituting an offense;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant, among the facts charged in the instant case, is engaging in driving service of the said SPP car.

At around 08:50 on January 2, 2014, the Defendant driven the said car and proceeded with a side-road without the median line in front of the “cafeteria cafeteria” located in the Gwangju Northern-dong.

Since there are many vehicles parked on the street and there is no distinction between delivery for pedestrians, a person engaged in driving service has a duty of care to safely proceed with the traffic of pedestrians by taking into account well the boom.

Nevertheless, the Defendant showed that the victim C (the age of 51) was walking along the right side of the direction of the proceeding, and therefore, it should be driven after checking the damage or safety after a suspension of operation at sufficient intervals, but neglecting this, and neglected it, and led the victim to go beyond the ground by shocking the left side of the victim's right side of the vehicle as the front side of the said vehicle, and led the victim to go beyond the right side of the passenger's left side of the vehicle.

The Defendant suffered injury to the victim, such as snow dulverization and dulverization on the part of the family unit in need of approximately eight weeks of treatment due to the above occupational negligence.

2. Determination shall be made.

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