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(영문) 서울동부지방법원 2016.06.21 2016고정817
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act, the Defendant is the driver of the first passenger car in B.

On December 21, 2015, the Defendant driven the above vehicle at around 21:30 on December 21, 2015, and left left the left-hand side of the side road with no vehicle prior to the D branching house in Songpa-gu Seoul Metropolitan Government.

Since there is an intersection that is not supported by traffic control, a person engaged in driving of a motor vehicle has a duty of care to check whether there is a motor vehicle, etc. being entered first and drive safely by reducing the speed or temporarily stopping the motor vehicle for a person engaged in driving duty.

Nevertheless, the Defendant neglected this and went to the left as it is due to occupational negligence, and came to the front part of the victim E (15 cm)'s bicycle front part of the victim E (15 cm) which was going to the right-hand side from the one-way apartment room at the one-way apartment.

As a result, the Defendant suffered from the victim’s injury, such as a satum satum, etc., which requires approximately three weeks of medical treatment by occupational negligence as above, and at the same time damaged the 910,000 won of the repair cost for the bicycle steering gear.

2. The Defendant in violation of the Guarantee of Automobile Compensation for Damages is a holder of the first passenger car in B.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the said car without mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A E-document;

1. The application of the Acts and subordinate statutes on mandatory insurance, such as a fact-finding survey report, traffic accident occurrence report, photographs, diagnosis certificates, estimates, and next inquiry;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and dental occupation) and the Road Traffic Act concerning criminal facts.

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