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(영문) 서울중앙지방법원 2016.05.18 2016고단1130
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 and the Violation of Road Traffic Act, the Defendant driven a B e-mail car around 08:30 on January 19, 2016, and driven the front road in front of the construction site of the 688 Nowon-gu, Dongjak-gu, Seoul Metropolitan Government Fisheries Market Construction site for the 688 Round-gu, Seoul, along the two-lanes in the direction of the National Round-gu, Seoul.

In this case, the defendant who drives a motor vehicle has a duty of care to live well on the right of the front side and safely drive the motor vehicle in order to prevent the traffic accident in advance.

Nevertheless, the Defendant neglected this and neglected to stop in the front room, and continued to drive the victim C (32 Do) who stops in the front of the same vehicle in front of the same lane, followed by the Rab Rab Rab Rab Rab Hab Hab Hab Hab, and the part concerning the driver was shocked by the front part of the vehicle that the Defendant drives.

The Defendant, by negligence in the above occupational negligence, sustained from the victim E (26 tax, female) who was on the top of the steering force of the victim C and the victim E (26 tax, female) respectively for about two weeks of medical treatment, and at the same time damaged the damaged vehicle by KRW 255,858 of the repair cost.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) drive a passenger car with B LA which was not covered by mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident prepared by C and E;

1. A traffic accident report;

1. Inquiry into mandatory insurance;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (hereafter referred to as "occupational and de facto items" in this Article), Article 151 of the Road Traffic Act (hereafter referred to as "traffic damage"), Article 46(2)2 and Article 8 of the Guarantee of Compensation for Automobile Damages Act (hereafter referred to as "operation of an automobile with no mandatory insurance") concerning criminal facts;

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.

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