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(영문) 인천지방법원 부천지원 2013.11.22 2013고정1849
교통사고처리특례법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant is engaged in driving a BM5 car.

On July 26, 2013, the Defendant driven the above vehicle on July 15:10, 2013, and led to the front road of 37, 198-ro, Seocheon-gu, Seocheon-gu, Seocheon-ro (U.S.), Seocheon-ro, 198 (U.S.) from the direction of the Chuncheon will.

Since the location is a place where traffic is not controlled, a person engaged in driving service has a duty of care to check whether there is a vehicle crossing by reducing the speed or temporarily suspending the vehicle.

Nevertheless, the Defendant, by negligence of neglecting this, conflicted between the victim C(34 years of age and South) who was driven by the National Bank from the edge of the national bank under the direction of the driver's seat in front of the driver's seat of the vehicle driven by the Defendant, and the pentle part of the DNA-learning car driving by the victim C(34 years of age and South).

As a result, the Defendant suffered salt in both shoulders, which require treatment for about two weeks, from the above occupational negligence, to the victim C, and damaged property equivalent to KRW 2,694,936, such as the exchange of damaged vehicles, etc.

2. On July 26, 2013, around 15:10, the Defendant operated a BMF5 car owned by himself, who did not subscribe to liability insurance, with approximately 500 meters section from the front road of the convalescent hospital, where the Defendant was unaware of the trade name located in Bupyeong-si, Seocheon-si, Busan, to the front road of the said 37, Seocheon-ro 198-ro (U.S.) of the said Gu from the front road of the convalescent hospital, to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes concerning actual condition survey reports, vehicle photographs, etc., mandatory insurance policies, each medical certificate, and written estimate;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Articles 46(2) and 8 of the Guarantee of Automobile Accident Compensation Act, and Selection of fines, respectively;

1. The Commercial Concurrent Crimes Act.

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