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(영문) 대구지방법원 2018.01.26 2018고정4
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a motor vehicle with a driver’s license without a license plate.

On September 1, 2017, the Defendant driven the above Oral Seab, around 14:05, and continued the front road in front of Daegu Water-gu B, a water-based tourist hotel room, with a flowless distance.

Since a crosswalk is installed at a front door, the driver of the motor vehicle has a duty of care to check whether there is a person who gets involved in driving the motor vehicle to reduce the speed and to check the front side and the left side well, and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and found the victim C (at the age of 61) who was crossinged a bicycle from the right side of the crosswalk to the left side by his negligence and found the victim C (at the age of 61) late and reduced the speed of the bicycle, and received the victim from the front part of the otoba.

As a result, the Defendant suffered injury to the victim, such as kneeee, an open knee, etc., which requires approximately six weeks of medical treatment due to such occupational negligence.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of an automobile with no number plate.

No person shall operate any motor vehicle other than those as prescribed by the Presidential Decree, on a road which is not covered by mandatory insurance.

Nevertheless, on September 1, 2017, the Defendant operated the automobile, which was not covered by mandatory insurance on the front side of Daegu Suwon-gu B on September 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (victim C telephone conversations);

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, on-site map, on-site photograph, on-site survey report, and medical certificate;

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation of a person on duty and on duty due to traffic accidents), and Article 268 of the Criminal Act.

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