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(영문) 인천지방법원 2014.12.05 2014고정3330
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a ACCORD EX-V6 car.

1. On February 20, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), followed by one-lane from the distance of the new market to the distance of new engineer.

A person engaged in driving of a motor vehicle has a duty of care to ensure the necessary distance to avoid a collision with the motor vehicle running in the same direction when following the motor vehicle traveling ahead of it.

Nevertheless, the defendant neglected to do so and caused the back part of the E SP vehicle driven by the victim D (M, 38 years old) who was driven by the victim D (M, 38 years old) in front of the Defendant's driver's vehicle to shock the front part of the EP vehicle.

In the end, the Defendant suffered, by the above negligence, the brain-dead sugar, etc. requiring a medical treatment for about two weeks to the driver of the victimized vehicle D, and the victim F, who was aboard the chief of the victimized vehicle, the victim F, who was on board the victim, for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act by negligence, thereby damaging the damaged vehicle to cover the repairing cost equivalent to KRW 491,578.

3. Although the Defendant was prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance under the Guarantee of Automobile Accident Compensation Act, the Defendant driven the said motor vehicle on the said date and at the said place without mandatory insurance.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A written statement;

1. Application of Acts and subordinate statutes of the Mandatory Insurance Act and subordinate statutes to field photographs, traffic accident reports, each medical certificate, estimates, and 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 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts.

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