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(영문) 수원지방법원 성남지원 2018.09.06 2017고단3208
교통사고처리특례법위반(치상)등
Text

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. The accused is a person who is engaged in driving of a vehicle Class C in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act;

On October 17, 2017, the Defendant driving the above cargo vehicle that was parked in a two-lane on the road located in the 104-lane as the correction district in Sungnam-si around 06:20 on October 17, 2017, and started one-lane in the jurisdiction of the Jinjin fire Station.

Since it is a road accompanying a motor vehicle, there was a duty of care to prevent accidents by accurately manipulating the steering and steering gear to a person engaged in driving service.

Nevertheless, the Defendant neglected to do so and went through a single lane from the place of the same as it was due to the negligence of the Defendant, and received the front portion of the victim D(59)'s EPoter II, which was driving along one lane, in front of the left side of the said CPoter.

Ultimately, the Defendant, by such occupational negligence, damaged the victim D to the left-hand shoulder and the straw of the arms, etc. requiring approximately four weeks of medical treatment, and damaged the victim F (n, 49 years of age) who was on the cargo vehicle to suffer from the injury of cryp salt, etc. requiring approximately two weeks of medical treatment, and at the same time damaged the 823,546 won of the repair cost by exchanging the cargo vehicle in front.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of the said C Truck.

Although the defendant is prohibited from operating a motor vehicle which is not covered by mandatory insurance on a road, he operated the motor vehicle without mandatory insurance at the same time and place as that of paragraph (1).

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1.A statement of the occurrence of a D traffic accident;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to a traffic accident report, a survey report on actual condition, a map on the scene of a traffic accident, or a private CCTV photograph;

1. Relevant provisions of the Act concerning facts constituting an offense;

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