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(영문) 부산지방법원 2018.08.14 2018고정1086
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. On March 20, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a C Rab Rab Track on March 18:30, 2018, while driving the C Rab Rack, the intersection with the signal apparatus located in 1819 (Guwest and Dong) at the center of the Geum-gu, Busan, was going straight to the urban expressway from the right edge of the Gu.

Since there are signals and crosswalks, in such cases, the driver has a duty of care to reduce the speed and to take the right and the right of the driver, while driving safely in accordance with the traffic signals, to prevent accidents in advance.

Nevertheless, the Defendant neglected this and received the front part of the vehicle driving by the Defendant, which was due to the negligence of entering the intersection by failing to comply with the said signal while entering the intersection.

Ultimately, the Defendant suffered injury to the victim, such as light fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. The Defendant violated the Guarantee of Automobile Compensation for Damages, as described in paragraph (1), operated the said van on the road, which was not covered by mandatory insurance, as the owner of the KRN Roster.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The actual investigation report on traffic accidents;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The bill of indictment under Article 3(1) and the proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning criminal facts, is written in accordance with subparagraph 2, but it appears to be a clerical error under subparagraph 1.

Article 268 of the Criminal Act (occupational and de facto occupation), Article 46(2)2 of the Guarantee of Automobile Damage Compensation Act, the main sentence of Article 8 (the point of operating a vehicle with no mandatory insurance) and the selection of each fine.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act to attract a workhouse;

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