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(영문) 광주지방법원 순천지원 2016.09.05 2016고정144
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

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 engaging in driving a vehicle BM5.

On September 6, 2015, the Defendant driven the said car at around 20:25, and proceeded with D's front crosswalks in 1,000 in 200, from the medical center of the medical center to the sexual road of the street.

At this point, there is a crosswalk where no signal, etc. is installed, and in which the traffic of ordinary people and vehicles is frequent, in such a case, the driver has a duty of care to reduce the speed, to ensure the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and to prevent the accident

Nevertheless, the Defendant neglected to do so and negligently proceeded on the right side of the Defendant’s driving vehicle, thereby putting the body part of the victim E (the age of 58) which was the left side of the crosswalk from the right side of the Defendant’s driving direction into the front part of the Defendant’s driving vehicle.

As a result, the Defendant suffered injury to the victim, such as the injury of the victim, which requires approximately 13 weeks of medical treatment due to the above occupational negligence, such as the upper part of the upper part of the front part of the body of abandonment.

2. 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 BMF5 car without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. Each written diagnosis of E;

1. On-site evidentiary photographs;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) and (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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