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(영문) 대전지방법원 2017.04.13 2016고단3416
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Defendant is a person engaging in driving a rocketing car.

On April 15, 2016, the Defendant driven the above car at around 23:30 on April 15, 2016, and proceeded with the third-lane 3 lanes in front of the other Sejong-type IIC, in accordance with the North Sungsung-gu, Daejeon, at a speed of about 80km each hour from the third parallel to the playground of the Sejong-type IIC.

Since the location was a road with traffic congestion, there was a duty of care to prevent accidents in advance by accurately operating brakes and steering gear, while driving service workers had a duty of care to prevent accidents.

Nevertheless, the Defendant got off the part of the Defendant’s vehicle, which was driven by the victim D (V, 60 years of age) who was in operation on the front side of the Defendant’s vehicle due to the negligence that led to the Defendant’s failure to do so, and received the part of the Defendant’s vehicle back to XG car, which was driven by the victim D (V, 60 years of age).

Ultimately, the Defendant caused the victim’s injury to salt and tensions that require approximately two weeks of medical treatment due to such occupational negligence, and at the same time damaged the victim’s vehicle to receive repair costs of KRW 2,743,188, such as exchanging the victim’s vehicle, etc.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the Defendant operated C rocketing car which was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Inquiry into mandatory insurance;

1. Each written diagnosis;

1. Written estimate;

1. Application of Acts and subordinate statutes on site photographs;

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 (the occupation and loss of duties), Article 151(1) of the Road Traffic Act (the occupation and loss of duties) of the Road Traffic Act, Articles 46(2)2 and 8 of the Guarantee of Automobile Compensation Compensation Act;

1. Commercial concurrence;

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