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(영문) 부산지방법원 2020.04.09 2020고정276
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 700,000.

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) is a person engaging in driving service of 50 cc Oral Ba in large forests without a license plate.

On November 26, 2019, the Defendant driven the 21:45 Obama, and driven the sidewalk 772 from the her intersection to the B Hospital on the side of the B Hospital, as Busan Jin-gu, Busan.

Since there is a place where a sidewalk for pedestrian traffic has been installed, there was a duty of care to refrain from operating a sidewalk to a person engaged in driving service.

Nevertheless, the Defendant neglected to do so and negligently passed the sidewalk in the same direction as that of the victim C (Woo, 27) who was her her son while driving the sidewalk in the same direction, received the front part of the Defendant’s her son.

As a result, the Defendant suffered multiple typology in need of treatment for about two weeks by occupational negligence as above.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of 50cc Oral Bapoposa in the above large forest.

No automobile which is 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 time and place of the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to traffic accident reports, investigation reports (Attachment of a medical certificate), investigation reports (Attachment of photographs at accident sites);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and proviso to Article 3 (2) 9 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 each fine;

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

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

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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