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(영문) 수원지방법원 2020.01.08 2019고단5709

교통사고처리특례법위반(치상)등

Text

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.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person who is engaged in driving a new franchise and XG car.

On August 7, 2019, the Defendant driven the said car on August 22, 2019, and continued to drive the said car along the same four-lanes from the permissible side to the direction of the road in the direction of C at the time of harmony.

At all times, since the signal apparatus and crosswalks are cross-sectioned on the front side, the person engaged in driving service has a duty of care to reduce the speed and observe signals, and to check whether there is any person who gets on a road by checking well the right and the right and the right of the road, and to proceed in accordance with the signals.

Nevertheless, the Defendant neglected to do so and neglected to keep the part of the right-hand bridge of the victim E (33 years of age) to the right-hand side of the direction-hand side of the Defendant’s proceeding, with the right-hand side of the victim E (33 years of age).

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately 14 weeks of the opening of the guard frame, which does not keep the right to the right.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated an automobile indicated in paragraph (1) that was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report, a report on the occurrence of a traffic accident, and related photographs;

1. Investigation report (receiving a medical certificate of a victim);

1. Application of Acts and subordinate statutes to investigation report (for a victim's failure to buy mandatory insurance),

1. Article 3(1), the proviso of Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating cars which are not mandatory insurance, the choice of imprisonment).