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(영문) 의정부지방법원 2017.07.13 2017고정360
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal record] On August 11, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the District Court of the Republic of Korea on August 11, 2016 and the judgment became final and conclusive on December 16, 2016.

[Criminal facts] The Defendant is a driver of Lone Star Co., Ltd.

1. On April 2, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the above van on April 10:35, 2016, and driven the two-lanes of the above two-lanes of the above road in front of the 35-lane 1286 Sinyang-si, Chungcheongnam-si, Chungcheongnam-si, with the front door of the Gyeongdong community service center, along the front door of the above road as the front door of the new village elementary school.

At the time, the Defendant neglected his duty at the front of the vehicle stop due to his occupational negligence, and was driven by the victim C(S) who was parked in accordance with the stop signals in front of the direction of the Defendant’s operation, and was taking the back part of the driver’s seat of the D-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on a road which has not subscribed to mandatory insurance;

Nevertheless, the Defendant, at the time and place specified in the preceding paragraph, was driving a Lone Star Co., Ltd. which was not covered by mandatory insurance.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A survey report on actual conditions;

1. C’s statement;

1. Inquiries into medical certificates and mandatory insurance;

1. On-site photographs;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the fact that the suspect is receiving a government prison);

1. Relevant legal provisions concerning facts constituting an offense, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (including those on duty and negligence), Article 46(2)2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which has not mandatory insurance), and selection of fines, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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