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(영문) 인천지방법원 2013.09.25 2013고단3917

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a CM7 vehicle volume.

1. On May 17, 2013, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act: (a) around 18:23, at the speed of 10km from the side of the lesan, the intersection without the front signal, etc. from the front of the 143-8, Bupyeong-gu, Incheon, Bupyeong-gu.

On the other hand, since there is a frequent traffic intersection without traffic control, a person engaged in driving service has a duty of care to check whether there is a vehicle crossing by reducing the speed or temporarily stopping, and to drive the vehicle.

Nevertheless, the Defendant neglected to do so, and was driving on the left side from the right side of the proceeding to the left side of the victim D(W, 44 years old) due to the negligence in progress, and received the left side part of the E-Vehicle's vehicle driving vehicle from the upper side of the driver's vehicle to the upper side of the driver's vehicle.

As a result, the Defendant suffered injury to the victim, such as a shoulder fresh and power rope damage, which requires approximately six weeks of medical treatment due to the above occupational negligence, and at the same time damaged the Maz vehicle in a way that its repair cost of KRW 1,196,000.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of CM7 passenger cars.

around 18:23 on May 17, 2013, the Defendant operated the car at approximately 10km section from front of the construction site of the Yandong, Nam-gu, Incheon Metropolitan City, to the new lopped seeds located in Bupyeong-gu 143-8, Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on mandatory insurance;

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 of the Guarantee of Automobile Accident Compensation Act, and Article 8 of the same Act concerning criminal facts.