logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2013.07.19 2013고정1074
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. Around 21:50 on March 24, 2013, the Defendant temporarily stopped at the fourth-lane of the four-lane road in Seo-gu Daejeon Metropolitan City, Seo-gu, Daejeon, on the one hand, while driving a CV car, the Defendant was driving from the direction of the straight-line distance to the straight-line.

In such cases, a person engaged in driving service has a duty of care to check and drive the course safety by checking well the prior left.

Nevertheless, the Defendant neglected this and proceeded to the same direction as the Defendant, and the victim D (Nam, 39 years old) who was bypassed, followed the right side of the vehicle driving by the Defendant, was shocked into the front part of the vehicle driving by the Defendant.

The Defendant, due to the foregoing traffic accident, inflicted upon the Victim D and the Victim F (V, 44 years old), who was on board a rocketing vehicle, for approximately two weeks of medical treatment, and inflicted damage on the Victim F (V,) for the amount equivalent to KRW 1,540,304 of repair cost on the rocketing vehicle.

2. The Defendant operated a stack that was not covered by mandatory insurance, as described in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Application of the relevant Acts and subordinate statutes to written estimates and 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 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

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;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is that the defendant is the first offender and reflects, the period of non-insurance operation is shorter than one day, and the other driver's negligence also exists.

arrow