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(영문) 서울서부지방법원 2017.09.15 2017고정136
교통사고처리특례법위반(치상)등
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was a person driving a two-wheeled vehicle (CB400 cubic centimeters) with engine displacement displacement of 400 cubic centimeters. On August 25, 2016, the Defendant driven the above two-laned vehicle and driven the two-laned road in front of Mapo-gu Seoul, Seoul, along the direction of sexual rock distance from the surface of the DMC basin. In such a case, the person driving the driving service did not have a duty of care to prevent accidents by accurately manipulating the steering system, brakes, and other devices of the driving direction, while neglecting the duty of care, and did not look at the victim D who crosses the road to the right side from the left side of the driving direction and did not shock the front wheels part of the said two-wheeled vehicle.

As a result, the Defendant suffered injury to the victim by occupational negligence, such as the “Stop fever,” which requires approximately 10 weeks of treatment.

2. The Defendant, who violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Compensation, was a person holding a two-wheeled automobile as set forth in paragraph (1) and operated the two-wheeled automobile without a mandatory insurance without a driver’s license from the Mao-dong, Mapo-gu Seoul Metropolitan Government roads to the front of C at the same time, such as paragraph (1).

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. A written statement on the occurrence of D traffic accidents;

1. The actual investigation report on traffic accidents;

1. A report on investigation (Submission of a medical certificate);

1. Application of investigation report (the details of revocation of driving license) Acts and subordinate statutes;

1. Article 3(1) and proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, Article 46(2)2 of the Guarantee of Automobile Damage Compensation Act, and the main text of Article 8 of the Guarantee of Automobile Damage Compensation Act, respectively.

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