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(영문) 대전지방법원 2013.05.01 2012고정2087
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On July 3, 2010, the Defendant driven B vehicle at around 12:00, and caused C vehicle ahead of the same direction on the road front of the LG Electronic Agency located in Chuncheon-dong, and thus, even if the Defendant had a duty of care to maintain a safe distance to avoid when the vehicle stops, the Defendant neglected this duty and caused damage to the victim D (the driver, 54 years old), who is the driver, by taking back the damaged vehicle after driving the damaged vehicle, due to the vehicle's negligence and the excessive adjacent negligence, thereby incurring two weeks of treatment, and at the same time, damaged the victim D (the driver, 54 years old), who is the driver, to repair the damaged vehicle at KRW 671,00.

2. Although the Defendant was prohibited from operating a motor vehicle not covered by mandatory insurance on the road, the Defendant, as the owner of the motor vehicle B, driven the said motor vehicle without mandatory insurance.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Mandatory insurance policies;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act (amended by Act No. 11369, Feb. 22, 2012) of the Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Market, the violation of the Road Traffic Act, and the punishment for the violation of the Act on Special Cases concerning the Settlement of

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (within the scope of adding up the maximum amount of two principal crimes stipulated in the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy punishment);

1. The Criminal Act for the detention of a workhouse;

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