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(영문) 수원지방법원 2015.09.03 2015고단2907
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a scooter.

Around 14:00 on May 17, 2015, the Defendant driven a scooter vehicle above the scooter and proceeded from 15 to scood elementary school along the front road located in Osan City B, Osan-si.

On the other hand, a crosswalk is installed. In such a case, it was found that there was a duty of care to prevent accidents by checking whether a person engaged in driving of a two-wheeled motor vehicle is a person standing the crosswalk by means of reduction of speed or temporary suspension, etc., and if there is a person driving the two-wheeled motor vehicle, he/she has a duty of care to prevent accidents by driving the crosswalk.

Nevertheless, the Defendant neglected this and found the victim D (the age of 57) to scood the victim's scood part adjacent to the right side of the scood vehicle without reducing the speed or temporarily suspending it.

Ultimately, the Defendant caused injury to the victim, such as fluoral salt, which requires approximately two weeks of treatment by occupational negligence as above.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any vehicle on a road which is not covered by mandatory insurance;

Nevertheless, around 14:00 on May 17, 2015, the Defendant operated the scood vehicle without mandatory insurance on the front road located in Osan City B.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

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

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

1. The defendant who has chosen each of the alternative fines for punishment is against the victim;

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