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(영문) 서울중앙지방법원 2014.06.26 2014고정1553
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.

1. On December 17, 2013, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act, driving the above vehicle at around 17:15, and driving a five-lane road along the 401-lane Doro, Gangnam-gu, Seoul, along the one-lane distance from the long-distance distance of the horse apartment.

A driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering system, brakes, etc. of the motor vehicle.

Nevertheless, the Defendant was negligent in neglecting to stop in the front of the vehicle driving by the Defendant, which was driven by the victim C (IS, 41 years old) who was standing in the front signal signal.

As a result, the Defendant caused the victim to suffer from the definite crison for about three weeks of medical treatment by occupational negligence as above, and at the same time damaged the said car to cover approximately KRW 2,583,768 of the repair cost.

2. He shall not operate any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act;

Nevertheless, the Defendant operated an automobile without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement of the occurrence of a traffic accident C;

1. The actual condition survey report;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes on mandatory insurance;

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, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Market and the violation of the Road Traffic Act).

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