교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a car in a SP area B and is a holder of the above vehicle.
1. On October 9, 2017, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury), the Road Traffic Act (Free Driver's License) and the Road Traffic Act (hereinafter referred to as the “Road Traffic Act”) and the Defendant driving a motor vehicle in the given SPP area around 08:10 on October 9, 2017, driving the motor vehicle in the given SPP area along two lanes at the speed of about 90km from the IC bank of the Republic of Korea to the city of Busan.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents and safely drive the motor vehicle by properly examining the front left left.
Nevertheless, the Defendant neglected this and was negligent in driving a stroke and driving a stroke, thereby driving the victim C (Seoul, 46 years old) to drive the dtroke part of the victim C (Seoul, and 46 years old).
As a result, the Defendant caused injury to the victim, such as fluoral salt, which requires treatment for about two weeks, due to such occupational negligence, and at the same time damaged the said prote car to cover approximately KRW 1,397,691 as repair cost.
2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;
Nevertheless, the Defendant operated a B SP car that was not covered by mandatory insurance at the time and place specified in Paragraph 1 as above.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. C’s statement;
1. Application of the mandatory insurance policy, license inquiry, traffic accident report, diagnosis certificate, and written estimate-related Acts and subordinate statutes;
1. Article 3(1), proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act concerning criminal facts.