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(영문) 제주지방법원 2019.10.11 2018고단2827
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of one 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 the vehicle B. A.I. car.

No owner of a motor vehicle shall operate any motor vehicle which is not covered by mandatory insurance.

Nevertheless, at around 02:35 on October 9, 2018, the Defendant driven the said car without being covered by mandatory insurance on the side of the “Ma” road in front of the three-lane “D” in Jeju Island.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of the traffic accident inspection report and mandatory insurance bureau;

1. Relevant Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the defendant's age, criminal records, character and conduct, environment, means and results of the crime and the circumstances after the crime, and all the sentencing conditions as shown in the records and arguments of the case shall be determined as ordered by taking into account the following factors.

Public Prosecution Rejection Parts

1. The Defendant is a person who is engaged in driving a car B in the indictment.

On October 9, 2018, around 02:35, the Defendant continued to drive along the three-lane road of “D” in Jeju City, along with one-lane distance from the side of “Sechograg Road.”

Since a crosswalk is installed on the front side and the passage of people is frequent, in such a case, there was a duty of care to check whether a person engaged in driving service has a road by reducing speed and checking the right and the right and the right and the right and the right and the right and the duty of care to prevent accidents in advance by driving safely.

Nevertheless, the defendant neglected this and proceeded at the same speed, and the defendant's signal to the right side from the left side of the direction of the defendant's proceeding.

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