beta
(영문) 창원지방법원통영지원 2020.10.07 2020고단498

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six 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. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is the person who is engaged in driving the NAE 125cc c.

On October 15, 2019, at around 18:23, the Defendant driven the front road C, which is located in Tong Young-si B, along the two-lanes between the e-mail gate and the e-mail gate.

Since a crosswalk is installed on the front side, in such a case, it is necessary to confirm whether a person engaged in driving a motor vehicle has a road by reducing the speed and checking the front side well, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

While the defendant neglected this, the defendant found the victim E (ma, 60 years old) who was standing along the crosswalk from the right side of the proceeding to the left side of the crosswalk, and had the victim go beyond the floor by shocking the front right side of the defendant's vehicle.

As a result, the Defendant suffered injury to the victim, such as an explosion of a traumaed propoper, which does not have two or more open situations requiring hospital treatment for up to three months.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the aforementioned NAN 125cc c dynas, which was not covered by mandatory insurance, at the time and place specified in paragraph (1).

Summary of Evidence

1. Application of Acts and subordinate statutes to the police investigation report on the F of the defendant's legal statement, the traffic accident investigation report and the traffic accident analysis report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), the proviso to Article 2 (1) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, 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;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Legal provisions;