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(영문) 대구지방법원 2012.08.29 2012고정1078
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On November 105, 201, the Defendant, without mandatory insurance on November 19:5, 201, operated B non-stop vehicles as its duties, and changed the lanes from four lanes to three lanes while driving a road of five lanes in front of an international officetel located in the new Dong-gu, Daegu-gu, Daegu-gu, into the dynamic area from the international officetel to the Dong area.

In this case, a person engaged in driving of a motor vehicle has a duty of care to give advance notice of change of course by operating a direction, etc. in advance, and to change the vehicle line safely by safely examining the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected this and changed the car line to the left-hand side by the Defendant’s negligence, and led to the shock of the front part of the victim C(72 years old) driving in the same direction as the driver’s car in the same direction.

At the same time, the Defendant suffered injury, such as salt, tension, etc. by occupational negligence, which requires the victim to receive approximately three weeks of medical treatment, and at the same time damaged the victim’s property that is equivalent to KRW 1,005,917 of the cost of repairing the car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. Mandatory insurance policy;

1. A copy of a medical certificate;

1. Application of Acts and subordinate statutes to a written estimate for vehicle repair;

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) and the main sentence of 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. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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