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(영문) 서울중앙지방법원 2016.05.17 2016고정1060
교통사고처리특례법위반등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of holding and driving a B-S car.

1. Around 15:00 on January 22, 2016, the Defendant driven the said car on the back road near the 654-ro, Gangnam-gu, Gangnam-gu, Seoul, and continued to proceed to the direction of the road from the front side to the front side.

In such cases, the driver of the vehicle has a duty of care to prevent accidents in advance by keeping the safety distance from the front and rear to the driver of the vehicle.

Nevertheless, the Defendant neglected this and failed to avoid the suspension of the said “BM” vehicle due to the negligence of driving a vehicle close to the DBW by the victim C(31 tax and leisure) driving, and caused the collision of the victim’s vehicle behind the passenger vehicle with the front part of the Defendant’s vehicle.

In this way, the Defendant suffered brain-dead, etc., which requires approximately two weeks of medical treatment to the victim C in the above occupational course, and the Defendant suffered approximately two weeks of clocks and tensions of the bones of wood, which require approximately two weeks of medical treatment to the victim E (V, 23 tax, and female).

2. He/she shall not operate any motor vehicle on a road which has not been mandatory insurance;

Nevertheless, the Defendant operated the car at the same time and place as in the preceding paragraph, which was not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on a traffic accident (written investigation 1, 2);

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

1. Each written diagnosis;

1. Inquiry into mandatory insurance (B) Application of Acts and subordinate statutes;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupational and de facto occupation), Article 46(2)2 and Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of fines, respectively, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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