beta
(영문) 서울서부지방법원 2021.02.04 2020고단3413

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

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 is engaged in driving of B Poter cargo vehicles;

On October 6, 2020, the Defendant driven the above vehicle around 17:05, and driven the front side road of Eunpyeong-gu Seoul Metropolitan Government at a d hospital from the dynamic side to the d hospital at an irregular speed.

It is a private-distance intersection, so in such cases, the driver of the vehicle has the duty of care to check whether there is a vehicle crossing by viewing the front side, the left and the right of the vehicle and temporarily stopping, and to drive the vehicle.

Nevertheless, the Defendant neglected this and did not properly consider the traffic situation on the front side and the right side, and neglected the Defendant’s negligence, and received the front side of the victim E(41 ) who was straight on the right side from the left side of the Defendant’s proceeding direction, and received the front side of the Defendant’s driver’s vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as salt dynasium in need of treatment for about two weeks due to the above occupational negligence, and at the same time, damaged the above dynasium owned by the victim to the extent that the repair cost of KRW 7,406,00 is necessary.

2. No owner of any motor vehicle violating the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant, as the owner of the above B Poter cargo, operated the above cargo vehicle which was not covered by mandatory insurance at the same time and place as Paragraph 1.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, a copy of the diagnosis on mandatory insurance screen, and a written estimate;

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)2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act concerning criminal facts;

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

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.