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Reasons
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(영문) 의정부지방법원 2015.04.02 2015고정376
교통사고처리특례법위반등
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1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Criminal facts

1. On November 1, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) driven a B B Poter freight vehicle and proceeded at a speed of about 60km/h of speed, depending on the two-lane speed between the two-lane roads adjacent to a restaurant in the south-si, Namyang-si.

At the same time, there are nights and one-lanes, so in such cases, the driver of the vehicle shall not change the course when it is likely to obstruct the normal passage of other vehicles running in the direction of change in the case of changing the course.

Nevertheless, the defendant neglected the above duty of care and changed the lane from the two lanes to the one lane.

The part of the victim E (the 37-year-old driver), which is proceeding as a one-lane, was shocked into the top left side of the cargo vehicle of the defendant.

After all, the Defendant suffered injury to the victim E and the victim G (V, 40 years of age), each of whom requires approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act, such as the foregoing, destroyed the victim E’s Saturdays to cover KRW 4,277,7241 for repair costs.

3. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated the above cargo truck which was not covered by the automobile mandatory insurance at the time and place, such as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, a traffic accident-related report, pictures related to accidents, pictures of the scene of accidents, and estimates;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 3(1) of the 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 concerning criminal facts.

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