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(영문) 서울중앙지방법원 2014.03.20 2014고정287
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 16, 2013, the Defendant, who is engaged in driving a BP car, was driving the said car not covered by mandatory insurance on November 16, 2013, and was driving on the road 140-190 road in Seongbuk-gu Seoul Metropolitan Government Madamam-dong 140-190 in the direction of driving along the four-lanes in the direction of driving from the open side of Sauri-gu, Seoul, and led to a change of course into three-lanes.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving a motor vehicle safely, such as taking the front side and the left side well, etc.

Nevertheless, the defendant neglected this and went through three lanes due to the negligence of changing the lanes as it is, the victim C (the age of 17) who was driving along the three lanes, and the front part of the motor vehicle driving by the defendant is shocked by the front part of the D 124cc(c).

Ultimately, the Defendant damaged the victim C and the victim E (the age of 17) who was on the ground of the above occupational negligence, by causing approximately two weeks of injury to the base of climatic salt, etc., which requires medical treatment, and at the same time, damaged the above cliba in excess of KRW 4,246,00 as repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in C and E;

1. A traffic accident report;

1. Inquiry into the enemy;

1. Mandatory insurance policies;

1. Each written diagnosis;

1. Written estimate;

1. Application of each statute on photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the violation of the Road Traffic Act, and the punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with the largest punishment);

1. Selection of each alternative fine for punishment;

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