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(영문) 인천지방법원 2021.02.08 2020고정1932
교통사고처리특례법위반(치상)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The accused is a person who is engaged in driving of a vehicle B-II in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act;

On April 30, 2020, the Defendant driven an above cargo vehicle on April 20, 200:45, and driven a four-lane road in front of Incheon Nam-gu, Incheon Metropolitan City, at the speed of about 50km from the side of the parallel distance to the side of the parallel distance.

In such cases, a person engaged in driving service has a duty of care to ensure the safety distance with the vehicle in front and to prevent accidents in advance by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected to do so and found the victim D (Influent, 48 years old)’s low-speed vehicle before the direction of the course, and received the part behind the damaged vehicle in front of the Defendant’s driving vehicle.

As a result, the Defendant, by the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in the clife that requires approximately two weeks of medical treatment, and at the same time damaged the above damaged vehicle at its repair cost, such as fishing clifes, etc.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is the owner of BPoter-II Cargo Vehicle.

Although the defendant is prohibited from operating a motor vehicle not covered by mandatory insurance on the road, he operated the motor vehicle of the above 2 Poter that is not covered by mandatory insurance at the same time and place as the above 1.1.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. 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 and Article 8 of the Guarantee of Automobile Damage Compensation Act concerning criminal facts;

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

1. Optional fine;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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