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인천지방법원 2013.12.06 2013고정3022
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a car in CELart.

On May 24, 2013, the Defendant driven the above car at around 17:45, and changed the course from the first way to the second way among the three-lanes in the direction of the drawing elementary school distance from the boundary of the port area in the south-gu Incheon Metropolitan City.

Since there was a taxi going in the same direction at the same time at the two-lane, in such a case, a person engaged in driving service has a duty of care to prevent accidents in advance by operating direction, etc. when he/she changes the vehicle, giving an advance notice of change of course, and accurately operating the steering direction and operation of the front and rear left, and by accurately operating the steering direction and operation system.

Nevertheless, when the defendant neglected this and changed the course of the vehicle by negligence, he was driven by D (the age of 46) which was driven by D(the age of 46) in the same direction as that of the vehicle driving by the defendant, and received the next part of D(the age of 46) from the left side of the vehicle driving by the defendant.

Ultimately, the Defendant suffered injury to the victim F (19 years of age, women) who was on board the cab due to the above occupational negligence by the Defendant, such as climatic salt requiring approximately two weeks medical treatment.

2. The Defendant in violation of the Automobile Accident Compensation Act is a holder of a passenger car in CELart.

No person shall operate any motor vehicle on a road which has not been covered by mandatory insurance.

Nevertheless, the Defendant operated the car without mandatory insurance at the same time and place as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of the Acts and subordinate statutes on de facto survey records, black stuff photographs, photographs of damaged vehicles, diagnostic records, photographs of harming vehicles, investigation reports (in respect of mandatory insurance) and taxi stuffs video CDs;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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