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(영문) 광주지방법원 2016.07.14 2016고정999
교통사고처리특례법위반등
Text

1. The defendant shall be punished by a fine of 2,500,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Violation of the Road Traffic Act, and violation of the Guarantee of Compensation for Automobile Damage, the Defendant is a person engaging in driving of a vehicle.

On April 21, 2016, the Defendant driven the foregoing vehicle that was not covered by mandatory insurance at around 21:00, and turned down two lanes in front of the D convenience point in Gwangju Mine-gu, by the way of two lanes from D convenience point to Schlage.

In this case, there was a duty of care to safely drive a person who is engaged in driving of a motor vehicle by accurately manipulating the steering direction, brake system, etc.

Nevertheless, the Defendant neglected this and neglected to stop in the same lane, and received the front part of the passenger vehicle E(26) driving log from the victim E(26) who was standing in the same lane.

As a result, the Defendant suffered injury to the victim by occupational negligence during approximately two weeks of treatment, and at the same time damaged the car owned by the victim to be in excess of KRW 814,880.

2. The Defendant violated the Road Traffic Act (after-accident) committed a traffic accident as described in paragraph (1) and escaped without taking necessary measures in the event of a traffic accident, even though the victim E-owned car was destroyed by the traffic accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of traffic accident reports, mandatory insurance inquiries, internal investigation reports (suspects specified and details of receipt), estimates, and photographs and photographs;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Act”), Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46(2)2 and the main sentence of Article 8 of the Act on Guarantee of Compensation for Automobile Damages (the operation of an automobile with no mandatory insurance), Articles 148 and 54(1) of the Road Traffic Act (hereinafter “accident”).

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