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(영문) 대구지방법원 2016.01.15 2015고정2400
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

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, on April 14, 2015, at around 17:30 around 17:30, the Defendant operated a D-A-car without mandatory insurance at the front of the C-A-A-car station located in Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to a traffic accident report and a survey report on actual condition;

1. Relevant Article 46 of the Act concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Motor Vehicle Damages, and Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The Defendant is a driver of a DAD car.

A. On April 14, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) operated the lower direction from the zero direction to the front direction of the gas station C located in Busan City around 17:30.

The driver of any motor vehicle shall accurately operate the steering system, brakes, etc. and shall not drive the motor vehicle at a speed and in a manner that may cause any danger and impediment to others according to the condition of traffic.

Nevertheless, the back part of the FNAS car driven by the victim E (47) who stops in the signal waiting in the same direction without properly examining the front door, conflicts with the front part of the above vehicle by the defendant.

As a result, the victim E suffered from the injury of climatic salt, which requires approximately two weeks of treatment period, and the injury of climatic salt, which requires approximately two weeks of treatment period to the victim G (71 tax) who is the chief passenger, respectively.

B. The Defendant in violation of the Road Traffic Act conflicts with the victim E’s rear part of the FN city car owned by the victim E by the Defendant with the front part of the above vehicle owned by the Defendant, thereby exceeding KRW 798,000.

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