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(영문) 울산지방법원 2020.06.12 2020고정302
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a holder of B-ro vehicle, who is engaged in driving service.

1. On August 21, 2019, at around 09:25, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (hereinafter “Road Traffic Act”) and the Defendant came to proceed bypassing to the C market direction within the intersection of the C market within the distance of the C market, while a two-lane distance from the intersection of the industrial tower to the intersection of the route of solar road.

In such cases, when a person engaged in driving of a motor vehicle intends to live well on the right side and make a right-hand side to crosssection, he/she has a duty of care to safely drive the motor vehicle so as not to impede the passage of other motor vehicles and prevent the accident in advance.

Nevertheless, the Defendant neglected this and got the front part of the victim D(SP) driving E in the same direction three-lane due to the negligence bypassing from the two-lanes, and received the front part of the victim D(SP) driving in the same direction from the right side of the vehicle.

As a result, the Defendant damaged the above victim's vehicle repair cost of KRW 3,636,380 and caused the victim to suffer injury such as salt, tension, etc. in a trend requiring approximately two weeks of medical treatment.

2. They shall not operate any automobile on a road which is not covered by the mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act;

Nevertheless, the Defendant operated the said car without mandatory insurance in approximately 2 km section from the road near the Nam-gu Seoul Metropolitan City in the same time as the preceding paragraph to the road front of the same Dong-dong in the same old-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and on-site photographs;

1. Statement of the person involved in the D traffic accident, and medical certificate;

1. Application of the written estimate statutes;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act concerning criminal facts;

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