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(영문) 광주지방법원 목포지원 2013.06.13 2013고정186
교통사고처리특례법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is a holder of a cargo vehicle B and drives the vehicle.

On December 3, 2012, at least 06:30 on December 3, 2012, the Defendant driven the foregoing cargo vehicle not covered by mandatory insurance. On the road at the entrance of the water supply and drainage facility management business office in the Sung-nam-gun, Chungcheongnam-gun, Chungcheongnam-do along the two-lanes from the west to the west-do, and the two-lanes of the two-lanes, the Defendant, due to the occupational negligence of the victim C (the age of 37, South) who was driving on the same direction as the one-lane in the same way that the victim C (the age of 37, South) was driving, by interfering with the course of the D5 ton, loaded the cargo vehicle to the left side of

As a result, the defendant suffered a loss in need of treatment for about two weeks, and at the same time damaged that the above tower owned by the Dispute Resolution E was in excess of 14,581,540 won.

Summary of Evidence

The application of the defendant's legal statement, the police statement of C, the actual investigation report, the accident photograph, the diagnosis report, and the written estimate statute

1. Operation of automobiles which are not covered by the mandatory insurance for criminal facts concerned: Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act and Article 151 of the Road Traffic Act;

Article 40 and 50 (Mutual Crimes of Violation of Special Cases concerning Settlement of Traffic Accidents Act and Violation of Road Traffic Act)

3. Selection of each alternative fine for punishment;

4. Aggravation of concurrent crimes under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act.

5. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

6. The amount of fine shall be determined in consideration of the fact that there is no negligence on the part of the victim with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that the defendant also suffered a big damage, such as the scrapping of cargo vehicles, due to the instant traffic accident.

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