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(영문) 부산지방법원 2017.05.11 2016고단7419
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a 400CC with no license plate.

On November 2, 2016, the Defendant driven the off-to-face 11:02 above, and caused the victim D (W, 72 years old) who dried the crosswalk to the right side of the above part of the off-to-face 1,000 square meters away from the Geum-dong, in the speed of about 20km in the speed of about 20km in the speed of Si/Gun/Gu, along two lanes from the side of the Geumcheon-dong, the Defendant got to the right side of the road by obtaining the victim D (W, 72 years old) who dried the crosswalk to the right side of the above part of the off-to-face 1,00 in accordance with the pedestrian signals.

Defendant 1 suffered injury, such as cage cage cages, which requires approximately five weeks of medical treatment due to the above traffic accidents.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of an objection to 400CC.

Defendant 1 operated the foregoing Oba, which was not covered by mandatory insurance at the time and place of the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, accident site photograph, and medical certificate;

1. Application of Acts and subordinate statutes to notify the discovery of the owner of an unqualified motor vehicle;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1, and Article 3 (2) 6 (a) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 46 (2) 2, and Article 46 (2) 8 of the Guarantee of Automobile Compensation Act, the selection of fines for each crime;

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of the workhouses is not only driving a otobs without mandatory insurance, but also significantly significant in the degree of negligence in the occurrence of the instant accident, the victim's serious injury, the victim's agreement was reached smoothly with the victim, and there is no history of criminal punishment for the same kind of criminal record.

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