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(영문) 광주지방법원 2014.09.03 2014고단1795

교통사고처리특례법위반등

Text

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 engaging in driving a rocketing car.

On March 12, 2014, the Defendant driven the pertinent car not covered by mandatory insurance on March 12, 2014, and led the Defendant to drive the said car at a speed of about 40km from the west-dong to the New Hospital at a speed of about 40km.

There are many places where traffic is not controlled, so in such a case, there was a duty of care to prevent accidents in advance by driving a person engaged in driving a motor vehicle with a driving duty to live well on the right and the right, the right and the right, and the right and the right, and safely driving the motor vehicle.

Nevertheless, the defendant neglected to turn to the left at the front of the defendant's vehicle due to negligence, and received the part of the victim D (the 49-year-old driver) driving EST520-V car backer in order to turn to the left from the front of the defendant's vehicle.

As a result, the Defendant suffered injury to the victim D, such as salt scam for about two weeks in need of treatment due to the above occupational negligence, and at the same time damaged the said D’s car to cover approximately KRW 3,043,428.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a D traffic accident;

1. A traffic accident report (1), 2 (2);

1. Each mandatory insurance policy;

1. Application of Acts and subordinate statutes to medical certificates and estimates (LIG non-life insurance);

1. Relevant 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 the main sentence of Article 8 of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually between a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act);

1. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, imprisonment without prison labor and the Guarantee of Automobile Accident Compensation Act;