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(영문) 울산지방법원 2017.09.07 2017고단2137
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act is a person who is engaged in driving a C SP car.

On January 2, 2017, the Defendant proceeded at a speed of 20km from the direction of the police station in Ulsan-dong, Ulsan-dong, Ulsan-gu, to the speed of 16:50 kilometers each hour from the side of the front house E at the speed of 16:50.

Since a house is the intersection of a side road, a person engaged in driving service has a duty of care to drive after checking whether there is a vehicle, etc. passing by reducing speed or temporarily suspending it.

Nevertheless, the Defendant neglected the above duty of care and carried out as it is, due to the negligence of the Defendant’s failure, received from the right side of the said car the part of the G Lasta car driven by the Victim F to the port from the right side of the said car as the last part of the Switzerland car driving seat on the front side of the said Switzerland car.

As a result, the Defendant suffered injury to the victim, such as salt ties and tensions, which require approximately two weeks of treatment by occupational negligence as above, and at the same time damaged the above rocketing car in total by KRW 760,681.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the defendant operated the above SP car without purchasing mandatory insurance at the time and place mentioned above.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Inquiry into mandatory insurance;

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

1. Article 3(1) 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; Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) of the Criminal Act and Article 69(2) of the Criminal Act (hereinafter referred to as “Sentencing”) to attract a workhouse has not been recovered.

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