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(영문) 광주지방법원 2014.11.12 2014고정1691
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 violation of the Road Traffic Act are engaged in driving Bnura1.5 vehicles;

On November 20, 2013, at around 09:00, the Defendant continued to run in the middle-gu of Gwangju metropolitan area using two lanes at a speed of speed in the speed of speed in the city, and changed the course into three lanes in the same Gu Gwangju metropolitan area.

In such cases, when it is likely that a person engaged in driving of a motor vehicle may impede normal traffic of other motor vehicles running in the direction of the change, he/she shall not change his/her course, and he/she has a duty of care to give advance notice of change of course and to safely change his/her lane to prevent accidents due to the safe change of the lane.

Nevertheless, the defendant neglected this and interfered with the course of the victim C(52 years of age and inn) driving in a normal manner by using four lanes, and the part of the damaged vehicle's front seat is collisioned.

As a result, the Defendant suffered injury, such as salt and tensions, in need of treatment for about two weeks due to occupational negligence as above, and at the same time damaged the damaged vehicle’s property worth KRW 427,273, such as the spawning of the damaged vehicle.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a driver who is the owner of B (Nura) vehicle.

Despite the fact that a vehicle not covered by mandatory insurance is prohibited from being operated on the road, the Defendant operated the said vehicle on November 20, 2013, which was not covered by mandatory insurance on the road front of the Bigow located in the Southern-gu of Gwangju on the road around 09:00.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of a traffic accident;

1. Insurance inquiry;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts, and Article 268 of the Criminal Act.

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