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(영문) 대전지방법원서산지원 2020.10.26 2020고정209
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of three million won.

When the defendant does not pay the above fine, 10,000 won shall be one day.

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 engaging in driving a vehicle BMW 118D.

On November 3, 2019, the Defendant driven the above car at a speed of no more than 22:20 on November 3, 2019, and continued to drive the road at a speed of no more than 271 km at the 271km at the west-west coast Highway, which is located at the 276 west-west coast Highway.

Before the same direction, the victim C (ma, 25 years old) followed the D rocketing car driven by the victim C, and therefore, the driver of the vehicle had a duty of care to ensure that the driver of the vehicle is well aware of the situation, and that the driver of the vehicle has a duty of care to secure a safe distance to avoid when the vehicle stops.

Nevertheless, the Defendant was found to have immediately discovered the said rocketing car which was stopped due to the negligence of driving the vehicle in the vicinity of the vehicle by neglecting it, and received the Defendant’s order to stop the said rocketing car with the top part of the front car of the BMW.

Ultimately, the Defendant suffered injury to the victim, such as salt ties and tensions, which require approximately two weeks of medical treatment by occupational negligence as above, and at the same time damaged the victim’s rocketing car in an amount equivalent to KRW 4,503,354 of repair cost.

2. No person who violates the Motor Vehicle Management Act shall operate a motor vehicle in violation of an order issued by a Mayor/Do Governor or the head of a Si/Gun/Gu to stop

Nevertheless, the Defendant ordered the suspension of operation on August 24, 2017 by the Busan City Mayor on the date, time, place, and August 24, 2017. On July 16, 2018, the Defendant operated the BMW 118d car, the registration of which was cancelled ex officio, in violation of the order to stop the operation as described in the above paragraph (1).

3. No automobile which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

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