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(영문) 서울서부지방법원 2013.05.09 2013고단463

교통사고처리특례법위반등

Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date when this judgment has become final and conclusive;

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of C Daelim CT 124cc.

At around 06:00 on December 18, 2012, the Defendant driven the above Oral Ba, which was not mandatory insurance, and proceeded at a speed of about 50 kilometers depending on three lanes between the 4rd parallel in the direction of the Seodaemun-gu Seoul Western-ro in the direction of the Western Intersection. In such a case, the Defendant neglected his duty of care to prevent accidents by accurately operating the front bank and the right and the right and the right and the right and the right and the right of the driver, while neglecting his duty of care to prevent accidents in advance while driving the victim D (W, 83 years old) who was crossing the right and the right and the right and the right and suffered from the injury of the victim, such as cerebral laf, which requires a treatment for about 7 weeks in the front part of the Defendant Oral Ba.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the Mandatory Insurance Act and subordinate statutes to traffic accident reports, traffic accident occurrence reports, diagnosis certificates and mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the punishment heavier than that provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents shall be concurrent crimes, but the punishment shall be imposed by imprisonment);

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that there is reflectivity, negligence of victim, absence of any special criminal record, and partial payment of hospital expenses);