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(영문) 제주지방법원 2015.04.09 2015고정207
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

A. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in the duty of driving Bone Star Co. Ltd.

On December 25, 2014, around 16:30 on December 25, 2014, the Defendant driven the above line at the crosswalk C in front of the Jeju, and moved to a right-hand bypass from the search library to the air protection area.

The driver of any motor vehicle shall operate the steering system, brakes, etc. of the motor vehicle properly while driving the motor vehicle on the front side and the right side, and has a duty of care to prevent traffic accidents with due care to pedestrians who walk the crosswalk.

Nevertheless, the above duty of care was not properly performed, and the victim D(77) who walked on the crosswalk was completely divided into the vehicle.

As a result, the victim suffered from the climatic dump and the climatic dump of L2, and the closed dump of L2.

B. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act shall not operate the foregoing vehicle on the road, which is a holder of Bone Starsch Rexroth and is not covered by mandatory insurance.

Nevertheless, the defendant driving the above van and operated approximately 30 meters from the latter part of the Jeju Nowon-gu in Jeju Nowon-gu to start from the latter part and up to C.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Mandatory insurance policies;

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

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and Selection of Punishment: Article 3 (1), the proviso of Article 3 (2) and Article 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 (2) of the Act on Guarantee of Automobile Accident Compensation

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act; and

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