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(영문) 대전지방법원 서산지원 2017.11.30 2017고정255
교통사고처리특례법위반(치상)등
Text

1. The sentence against the accused shall be 3,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who drives a vehicle with a spoke to the head of the Seocho Spoter.

On 20:30 on 23, 2017, the Defendant driven the said vehicle at a speed of about 40 km from the stamp to the claimed apartment without purchasing a mandatory insurance policy and driving the said vehicle at a speed of about 113-8, the speed near the claimed apartment.

In such cases, a person engaged in driving service has a duty of care to accurately check whether he/she is a person who sees the front side and the left side well and is walking on the front side and to drive safely.

Nevertheless, the Defendant, by negligence, neglected to do so and passed on the road on the front side of the road due to the shocking of the part, such as the victim C ( South, 56 years old) who walked along the road along the side of the road.

Therefore, the above victim suffered injury, such as the damage of the nearest string of the right shoulder and the power rope, which requires treatment for about five weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual survey report and photographs related to traffic accidents;

1. Inquiry into mandatory insurance;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation and the practice of occupational duties) and Article 46(2)2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the occupation of operating an automobile which has not 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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