Text
The sentence against the accused shall be determined by a fine of KRW 3,00,000.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
1. The Defendant, in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, is also a person who is engaged in driving of a cargo vehicle.
On September 30, 2016, the Defendant driven a above cargo vehicle on September 12:40, and led the roads located in the apartment complex of Gwangju City, Mine-gu, Gwangju to D from the boundary of the guard room.
At the time, since it is a rained road and a road in an apartment house, there was a duty of care to check whether a person engaged in driving a motor vehicle is another motor vehicle by properly examining the right and the right of the front side of the motor vehicle and to prevent the accident in advance by driving the motor vehicle safely.
Nevertheless, the Defendant neglected this and went to the left-hand side of the victim E (40) driving in the same direction due to the negligence of proceeding as it is on the left-hand side of the road. The Defendant was driving the left-hand side of the victim E (40).
As a result, the Defendant suffered injury to the victim, such as the leg and other salves that require treatment for about two weeks due to the above occupational negligence, and at the same time, damaged the above salves to the extent that 2,925,000 won for repair, such as Lart exchange, were damaged.
2. The Defendant, in violation of the Guarantee of Automobile Compensation for Damages, is also the owner of a cargo vehicle.
No person shall operate any automobile other than those as prescribed by the Presidential Decree, on a road which is not covered by the mandatory insurance.
Nevertheless, around 12:40 on September 30, 2016, the Defendant operated the above cargo vehicle without mandatory insurance on the road located in the Mine-gu Seoul apartment complex.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. A traffic accident report, a survey report on actual condition, and a photograph of the accident vehicle;
1. A written diagnosis and written estimate;
1. The provisions of Acts and subordinate statutes governing the register of vehicle drivers, inquiry into mandatory insurance, and application of the ledger of driver's licenses;
1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts (the injury caused by occupational negligence).