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(영문) 부산지방법원 2019.08.26 2019고정574
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Defendant is a person who is engaged in the operation of 125CC driving without registration.

At around 19:40 on January 20, 2019, the Defendant driven the above Oba, which led to the intersection of the distance in front of C in Busan Dong-gu, Busan to the west from the west subway Station.

Since the place is an intersection, it is changing the lane by neglecting the duty of care to change the lane safely to the person engaged in the driving of the motor vehicle in such case.

In the case of the victim D(E) driving, the driver in front of the driver's car conflict with the latter part of the defendant's driver's vehicle.

As a result, the Defendant suffered from the above victim’s injury, such as catitis, which requires treatment for about two weeks, and the victim F (the 58 years old), who is the passenger of the victimized vehicle, with approximately two weeks of injury, respectively, and at the same time damaged the above damaged vehicle in a amount of KRW 5,579,310 in repair cost.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act is a holder of 125CC phishing.

No Oral bab not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the date, time, and place under Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of traffic accident prepared D;

1. Each written diagnosis;

1. Detailed statement of checking and maintaining automobiles;

1. Mandatory insurance policies;

1. Photographss by cutting a black stuffe image;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Relevant provisions of 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, and the main sentence of Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts.

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