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(영문) 서울서부지방법원 2018.02.07 2017고정1255
교통사고처리특례법위반(치상)등
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where 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 and the Road Traffic Act is a person driving a B radar car;

On May 7, 2017, the Defendant driven the above vehicle around 12:45, and the front house of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, led to the progress from the alleyway to the back road.

Since there is a place where traffic control is not supported, a person engaged in driving service has a duty of care to safely drive a vehicle after checking whether there is a vehicle crossing in front side.

Nevertheless, the Defendant neglected to do so and went on to the left-hand side of the victim's DNA driving, which took place on the left-hand side of the right-hand side of the victim's automobile due to negligence, received the front-hand part of the driver's vehicle.

The Defendant at the same time injured the victim D and the victim F of the above victim on the above occupational negligence, each of which requires approximately two weeks medical treatment, such as d and tensions, and at the same time damaged the said victim D’s turfed car in an amount equivalent to KRW 2,010,50,000.

2. On May 7, 2017, the Defendant, who violated the Guarantee of Automobile Compensation, operated the said automobile without mandatory insurance at around three meters from the front road section of Seodaemun-gu Seoul, Seodaemun-gu, Seoul around 12:45 around May 7, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident occurrence report;

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

1. Inquiry into mandatory insurance;

1. Each written diagnosis;

1. Written estimate;

1. Application of each statute on photographs;

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 Act on Guarantee of Compensation for Automobile Damages, and the main sentence of Article 8 of the same Act concerning criminal facts;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents).

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