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(영문) 부산지방법원 2018.01.11 2017고정1354
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

1. The Defendant is a person who drives Bmera 124CC in a problem.

On December 11, 2016, the Defendant driving the Obabaon around 12:00, and driving the Obaba, which is located in the Bung-dong of Busan, Seocheon-gu, Busan, the Defendant driven one lane from the 112 East to the 113 east of the above apartment.

In such cases, the driver of the Otoba has a duty of care to properly see the front section and the right and the right and the right and the right and the right and the right and to accurately manipulate the steering gear and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and went to turn to the left at the front, and subsequently passed the Derer-crack cruise cruise cruise car driven by the victim C (Taking, 28 years old) who was driven by the Defendant, and the front part of the driver’s seat of the said vehicle was shocked by the lower part of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about three weeks by occupational negligence as above.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance except for the motor vehicles prescribed by the Presidential Decree;

Nevertheless, on December 11, 2016, the Defendant owned Bmera 124CC and operated the above Orab, which was not covered by mandatory insurance from around 12:00, to the place specified in paragraph 1, at the place in which Bmera 124CC had been operated.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of occurrence of a traffic accident prepared C;

1. Reports on traffic accidents and photographs of damaged vehicles;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (the inquiry of mandatory insurance, the page 43 of investigation records);

1. Relevant legal provisions concerning criminal facts, 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 (when on duty and negligence), Article 46(2)2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of a vehicle with no mandatory insurance).

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