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(영문) 대구지방법원 2013.05.15 2013고정880
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

1. Around 18:40 on February 20, 2013, the Defendant: (a) driven the said vehicle and driven the front lane of the life-person household in the middle Nengdong of Daegu, along the two-lane from the middle Nengdong street to the second-lane street; (b) caused the vehicle to be changed to the third-lane at the point of accident; (c) neglected to check the safety of the course; (d) neglected to perform a duty of care to change the course at a safe speed and method; and (e) neglected to do so; and (e) neglected to perform a duty of care to change it to the third-lane due to negligence, the victim C (38 years of age) driven the D car driving on the left side of the above right side of the said vehicle, and thereby resulting in the loss to the victim, such as the pipe, salt ties and tension of the part and the tension of the trees that should be treated for about two weeks; and (e) damaged the damaged vehicle and damaged the damaged vehicle to a considerable extent of KRW 1,2222,636.

2. No person shall operate any motor vehicle, other than those prescribed by Presidential Decree, on a road where mandatory insurance is not subscribed;

Nevertheless, the Defendant operated an automobile without mandatory insurance at the same time and place as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A written diagnosis and written estimate;

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

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 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2)1 of the Criminal Act for the detention of a workhouse;

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