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(영문) 제주지방법원 2016.06.09 2016고단276
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 2, 2015, the Defendant: (a) was a person engaged in driving of Cpoter freight cars; (b) while driving the above cargo cars around 17:5 on September 22, 2015, the Defendant left them to the left at the right-hand surface from the Hancheon-ro cross-sections of Hancheon-do, Hancheon-do to the right-hand surface in the Hancheon-do, Yan-do. At the same time, the Defendant received the Epoter truck of the victim D (64 aged) who was directly engaged in the occupational negligence and did not look well at the right-hand and right-hand side and damaged the victim to the extent that the victim would be scrapped at the same time, and at the same time, the said Epoter truck of the victim would be damaged to the extent that it would be scrapped.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. A report on the occurrence of a traffic accident, (i) the report on the traffic accident, and the report on Do Governor of the traffic accident;

1. An investigation report (in calculating the amount of physical damage inflicted on a damaged vehicle), an investigation report (in relation to the degree of injury inflicted on a victim D);

1. Each written diagnosis (D);

1. Application of Acts and subordinate statutes of subparagraph (A) to the Motor Vehicle Driver's License Ledger (A), and Practice License Certificate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 151 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in the degree of injury suffered by the victim D due to the Defendant’s instant crime. However, the Defendant, while driving a vehicle owned by F under the fixed liability insurance with a fixed special agreement by the named insured by the named insured by the Defendant with only a practice license, caused the instant accident only within the scope of liability insurance, and not entirely compensated for the injury suffered by the victim D. However, the Defendant did not agree with the victim D, or did not receive the use of the instant crime from the said victim.

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