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(영문) 부산지방법원 2017.08.23 2017고정237
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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 BU125V 124cc.

1. On May 12, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act: (a) driven an over-to-land obbba on May 16, 201; and (b) driven the oba in front of the D in Busan Sababa C, leading to the parallel of the oba

Since there is a cross-section where signal lights are installed, there was a duty of care to prevent accidents in advance by driving safely according to the new code to a person engaged in driving service.

Nevertheless, the Defendant, by negligence in violation of the signal even though it was a stop signal, received from the Defendant’s driver’s driving the rear right side part of the Victim G (53 Do) for the right side of the Defendant’s driving, which was left left from the right side of the mamp (53 Do) in accordance with the new line, from the right side of the Mampdong Home Pack to the right side of the Defendant.

As a result, the Defendant suffered salt and tensions from the Plaintiff G by occupational negligence, which requires approximately three weeks of treatment. At the same time, the Defendant damaged that the repair cost of the said car was approximately KRW 2,249,677.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, as described in paragraph 1, operated the above Oral Ba which was not covered by mandatory insurance on the road.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. G statements;

1. A report on traffic accidents and a survey report on actual condition;

1. A medical certificate;

1. Application of Acts and subordinate statutes to black stuffs, vehicle photographs, mandatory insurance inquiries, and estimates;

1. Article 3 (1) and 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 (the occupation and the damage of real property), Article 46 (2) 2 of the Guarantee of Automobile Compensation 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 Competition;

1. Selection of each alternative fine for punishment;

1. The aggravated Criminal Act for concurrent crimes.

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