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(영문) 전주지방법원 2016.06.21 2016고단328

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor device B 100 motor bicycle.

On March 6, 2016, the Defendant driven a bicycle not covered by mandatory insurance on March 14:30, 2016, and driven a two-lane road in front of the D in the former North west-gun C with a two-lane distance from the long distance to the post office distance from the long distance.

At the time, the vehicle was parked on the side of the roadside, so there was a duty of care to prevent the accident by driving the vehicle safely after checking whether there is a person driving the vehicle who is parked on the front side and the left side.

Nevertheless, the Defendant did not properly look at the front side and did not find the victim E (the 55 years old) who passed the rear side of a vehicle parked in the front side of the vehicle parked in the front side by negligence, and did not receive the victim from the front side of the motor device bicycle, and caused the victim to suffer other injury, such as the mouth of the scke for about 8 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report, on-site inspection report, and on-site photographs of a traffic accident;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, selection of imprisonment without prison labor), Article 46(2)2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 (the occupation of operating automobiles which are not mandatory insurance, the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

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

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Offenses for which the sentencing criteria are set: