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(영문) 대구지방법원 2012.06.13 2012고정614
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 1,200,00.

If the defendant does not pay the above fine, 50,000 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 and the Defendant are those engaged in driving a CFS car.

On December 18, 2011, the Defendant driven the above car on the 09:55 on December 18, 2011, and led the road near the Daegu Suwon-dong MBC broadcasting station to proceed with the MBC distance from the pandi-distance flood to the MBC distance.

At this point, there is an intersection where signal lights are installed, and there was a passenger car in the front direction of the defendant's running, so in such a case, the person engaged in driving the automobile has a duty of care to safely operate the steering and steering system by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected to do so and proceeded as it was driven by the victim D (year 71) who is waiting for a signal at one-lane ahead of the defendant's moving direction by negligence, and received the back part of the E-Sa car in front of the car operated by the Defendant.

At the same time, the Defendant suffered from the injury of fluoral salt, etc., which requires approximately two weeks of medical treatment by occupational negligence, and at the same time damaged the said E-Bata car to be in excess of KRW 519,464 as repair cost.

2. On December 18, 201, the Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of CFF passenger vehicles, operated the said vehicle that was not covered by mandatory insurance on the road near the Daegu Suwon-dong MBC Broadcasting Station at around 09:55.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. The actual condition survey report;

1. A 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, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46 (2) and Article 8 of the Guarantee of Injury to Motor Vehicles;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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