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(영문) 대구지방법원 김천지원 2018.11.08 2018고정225
교통사고처리특례법위반(치상)등
Text

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On January 8, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) driven a CMF5 car and made it left to the right-hand turn from the right-hand edge to the right-hand edge of the navigation distance from the right-hand intersection along the first intersection of the CMF D in the direction of Kimcheon-si.

At this time, a person engaged in driving service has a duty of care to accurately operate the steering direction and brake system and to safely proceed by adjusting speed in advance.

Nevertheless, the Defendant neglected to go beyond the road due to the negligent negligence of the front side while neglecting the front side of the vehicle in front, and received the arms and parts of the victim E (75 tax) who illegally crossed the road from the left side of the direction of the vehicle in front of the front side of the vehicle in front of the victim.

Ultimately, the Defendant suffered from an injury to the victim, such as a shoulder or a sprinke, which requires approximately six weeks of medical treatment due to the above occupational negligence.

2. The defendant in violation of the Guarantee of Automobile Damage Compensation shall not operate a motor vehicle on the road which is an owner of the CMF5 motor vehicle and is not covered by mandatory insurance;

Nevertheless, on January 8, 2018, the Defendant driven the said vehicle that is not covered by mandatory insurance on the three-distance road front of Kimcheon-si, Kimcheon-si, at around 21:35.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual survey report and on-site photographs;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (including those on duty and negligence), Article 46(2)2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which has not mandatory insurance), and selection of fines, respectively;

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

1. The application of Article 334(1) of the Criminal Procedure Act to the Criminal Procedure Act is against the defendant.

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