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(영문) 울산지방법원 2019.04.30 2019고정175
교통사고처리특례법위반(치상)등
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

At around 15:20 on September 26, 2018, the Defendant driven a motor bicycle without a mandatory insurance without a license for a motorcycle, and driven a one-lane B in front of Ulsandong-gu, Ulsan Metropolitan City to the Tridong Residents' Center from the front side of the Cridong-gu, Ulsan Metropolitan City. At the same time, the Defendant, while driving along the road on the left side of the Cridong-gu, is due to an occupational negligence, while driving the road on the left side of the Cridong-gu, while driving the road on the left side of the Cridong-gu, while moving the central line to the right side of the road, without properly examining the traffic situation in the surrounding area, sustained the damage of the said road by the victim C (51 years of age) who was driving from the front side of the Cridong-gu, the Defendant suffered approximately two weeks damages to the victim, such as 00 Do 150 Do 250 Do 50 Do 50 Do 50.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the occurrence of a traffic accident, actual condition survey report, vehicle driving certificate, ledger of automobile driving licenses, mandatory insurance, and making inquiries into the car;

1. Each investigation report (in relation to physical damage, attaching a medical certificate issued by the victim C, attaching accident video CDs) and the application of the relevant statute of accompanying data;

1. Article 3 (1), the proviso to Article 3 (2) 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, subparagraph 2 of Article 154 and Article 43 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 Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts;

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

1. Selection of an alternative fine for punishment;

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 (1) of the Criminal Procedure Act of the provisional payment order;

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