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(영문) 광주지방법원 2020.01.30 2019고정1019
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

The defendant is a person who drives without registration 125cc.

1. On October 02:13, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) came to proceed the front of the C crosswalk in Gwangju Northern-gu B from the direction of the D School from the YongsanIC.

Since there is a crosswalk in which a signal, etc. is installed, a person engaged in driving service has a duty of care to check whether there is a person who gets involved in driving service by reducing speed and by properly examining the right and the right and the right of the road, and to safely drive the road in accordance with the new subparagraph.

Nevertheless, due to negligence of disregarding and proceeding the vehicle progress signal as a stop signal, it did not see the victim E (33 years of age) where the crosswalk was cut off from the front direction of the above Otoba to the front direction of the above Otoba, and the above Oba, as the front part of the above Oba, shocked on the left side of the victim.

Therefore, the Defendant suffered from the injury to the left-hand side of the victim, which requires approximately two weeks of treatment, due to the above negligence.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, at around 02:13 on September 8, 2019, the Defendant driven the above Oralb, which was not covered by mandatory insurance, from the front road in Gwangju Northern-gu, to the front road in Gwangju Northern-gu, about 3 km.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E’s written statement (including written diagnosis);

1. Actual condition survey report, photographs of accident site and mandatory insurance policies;

1. Application of Acts and subordinate statutes to report internal accidents (related to statements by sprinkers telephone);

1. Article 3(1) and the proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act, and Article 8 of the Guarantee of Automobile Accident Compensation Act.

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