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(영문) 인천지방법원 2014.10.10 2014고정3082
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

[2014 High Court Decision 3082]

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act, the Defendant, at around 23:00 on September 28, 2013, driven the above cargo vehicle and changed the lane to three-lanes between the two-lanes of the south-gu Incheon Metropolitan City and the 616-way road at the west-gu, Nam-gu, Incheon, Nam-gu from the west-gu, west-do.

In such cases, a person engaged in driving service has a duty of care to pay attention to the duty of care by operating direction, etc. to give prior notice of change of course, and by properly examining the traffic conditions of the former, the latter, the latter, and the latter.

Nevertheless, when the defendant neglected this and changed the course into a four-lane, the defendant received the fronter and fences of the taxi for D business use by the victim C(50 years old) who is driving the four-lane, from the left side of the above cargo vehicle operated by the defendant.

Ultimately, the Defendant, by occupational negligence, caused the victim to suffer injury, such as “finites and tensions,” which requires treatment for about two weeks, and at the same time damaged the victim’s repair cost, including the exchange of the front-hander of the taxi driving.

2. He shall not operate any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act;

Nevertheless, the Defendant operated the foregoing cargo vehicle which was not covered by mandatory insurance at the time and place of the foregoing paragraph (1).

[2014 High Court Decision 3090]

3. No owner of an automobile violating the Act on Special Cases concerning the Settlement of Traffic Accidents, the Road Traffic Act, or the Guarantee of Automobile Accident Compensation Act shall operate an automobile on the road which is not mandatory insurance;

Nevertheless, on December 31, 2013, the defendant driving the above cargo vehicle which was not covered by mandatory insurance at around 20:50, and 426 new horse distance in Gyeyang-dong, Gyeyang-gu, Incheon.

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