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(영문) 창원지방법원 마산지원 2016.05.04 2015고정685
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act is a person who drives a unregistered BMW S100R .

On May 17, 2015, the Defendant driven the above Obabaon around 12:00, and proceeded ahead of the operation in the direction of the legal waters in front of the Agricultural Technology Center in the territory of the Haban-gu, Haban-gun, the Haban-gun, the Haban-gun.

Agal gallon vehicle was driven in the opposite way to overtake the vehicle, but the vehicle that has been spread to the above gallon was stopped in excess of the center line in order to avoid the collision.

In such cases, when the defendant who is engaged in driving service intends to return to the original lane, he/she has a duty of care to prevent accidents by examining whether there is a vehicle that proceeds in the same direction.

However, the Defendant neglected to do so and proceeded with the Defendant’s negligence, and contacted the side of the driver’s seat of the victim C’s car driving in the same direction on the right side of the Oratob, and due to its shock, the victim E, who was on the back of the Oratob, went beyond the ground floor.

Defendant 1 suffered injury to the victim E in need of approximately two weeks of medical treatment due to such occupational negligence, and damaged the said car in excess of KRW 900,000 of its repair cost, such as the repair of the sales fee.

2. The Defendant violated the Guarantee of Automobile Compensation for Damages, who owned the above Oral Ba, operated the above Oral Ba which was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and C;

1. The actual investigation report on traffic accidents;

1. Investigation report (to purchase mandatory insurance on the vehicle not covered by the mandatory insurance);

1. A written diagnosis of E;

1. Application of the Acts and subordinate statutes governing the insurance repair cost claim;

1. Article 3(1) and the proviso of Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts (the job and the value arising from traffic accidents).

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