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(영문) 대구지방법원 2019.07.25 2019고단2718
교통사고처리특례법위반(치상)
Text

Defendant

A A shall be punished by a fine of 6 million won, and Defendant B shall be punished by a fine of 3 million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person who is engaged in the operation of a Cbea cruise car.

On March 26, 2019, the Defendant driven the above car on March 16, 2019, and proceeded ahead of the road in Daegu Jung-gu D with the half-month distance outflow from the enclosed-gu.

Since there is a crosswalk where a signal, etc. is installed, the person engaged in the driving duty shall slowly drive it, and there was a duty of care to safely drive it in accordance with the new code.

Nevertheless, due to the negligence in contravention of the red signal signal, the part on the left side of the victim who crosses the road by using the crosswalk from the right side of the passenger car driving direction of the defendant's car in the time-marine to the left side was shocked into the part on the front part of the defendant's car.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the influence of detailed unknown details that require treatment for about 14 weeks.

2. Defendant B

A. On March 26, 2019, the Defendant: (a) driven a fSV125 Obane without obtaining a driver’s license in the 1km section from the middle-gu Daegu-gu G to the front road located in the same Gu D from March 16, 2019.

(b) A holder of an automobile violating the Guarantee of Automobile Accident Compensation Act shall not drive an automobile which has not been bought by mandatory insurance;

The Defendant driven FSTV125 Oba, which was not covered by mandatory insurance at the time and place mentioned in the above paragraph (a).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Borrowing of money and mandatory insurance;

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 subparagraph A of the option of punishment: The proviso to Article 3 (1) and the proviso to Article 3 (2);

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