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(영문) 광주지방법원 2015.02.12 2014고단5121

교통사고처리특례법위반등

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

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

Reasons

Punishment of the crime

1. The Defendant violating the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a registered two-wheeled motor vehicle;

On November 19, 2014, at around 16:10, the Defendant continued to proceed with the intersection C in front of Gwangju Northern-gu B toward the direction of the stringal of the stringal.

At all times, a person engaged in driving along an intersection with a signal apparatus installed in the front side has a duty of care to safely drive the front side and the right and the right in accordance with the direction of the signal apparatus.

Nevertheless, the Defendant neglected this and received the front wheels part of the bicycle driven by the victim D ( South and 25 years old) with the front wheels part of the said two-wheeled vehicle, which was driven by the victim D (the South and 25 years old) on the left-hand side from the right-hand side of the horse, when the Defendant was negligent in complying with the signal signal apparatus.

As a result, the Defendant suffered injury to the victim, such as “the pressure frame No. 11”, which requires approximately eight weeks of treatment due to such occupational negligence.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of the said two-wheeled automobile, operated the said two-wheeled automobile not covered by mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes governing the de facto survey report, diagnosis report, and mandatory insurance;

1. Article applicable to criminal facts;

(a) Injury caused by occupational negligence: Article 3 (1), the proviso to (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

(b) Operation of automobiles not covered by insurance: Articles 46(2) and 8 of the Guarantee of Automobile Damage Compensation Act, and choice of imprisonment.

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Type 1 of general traffic accident (Bodily Injury caused by traffic accident) shall be the scope of recommendations for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the holding;