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(영문) 서울북부지방법원 2015.12.22 2015고단3391

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six 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

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act and the Defendant in violation of the Road Traffic Act are driving a B-to-purd vehicle at around 20:58 on August 12, 2015, and they are proceeding along the lane in the same direction as the Defendant’s proceeding direction due to the negligence in the course of duties driving a safety zone installed in the front direction in Seoul Special Metropolitan City, Nowon-gu, while driving a D-to-hurd vehicle at the seat of the e-

The part of E Otoba, which changes the course of the above safety area, was moved into the front part of the above Otoba, and received approximately 8 weeks of treatment from the victim F (year 51) who is the driver of the above Otoba, and received approximately 448,00 won of the repair cost, such as hand-on, from the victim's above Otoba, and at the same time, damaged the victim's above Otoba, which is the victim's ownership, to take about 8 weeks of treatment.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated a motor vehicle with a self-surged motor vehicle as stated 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. A written statement;

1. A traffic accident report;

1. A medical certificate;

1. Written estimate;

1. Photographs of an accident vehicle;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the relevant 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 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents, between violations of the Road Traffic Act, and between violations of the Road Traffic Act, and the punishment provided for in the Act on

1. Determination of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Optional Punishment and the Guarantee of Automobile Accident Compensation Act;

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