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(영문) 제주지방법원 2013.11.21 2013고단826

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

On May 27, 2013, at around 23:20, the Defendant was driving a chip taxi in front of the KT&G intersection in Jeju Nowon-si, with a modern apartment protection area from the bank of the sea area of the household, which did not purchase mandatory insurance.

At the time, the access road of the defendant was in operation of the red on-and-off signal, so the defendant engaged in driving of the motor vehicle has a duty of care to check whether there are other motor vehicles at the intersection, to accurately manipulate the steering direction and brake system, and to safely operate the motor vehicle.

The defendant neglected to do so and did not look at the road situation, and did so properly, and did so, the defendant's failure to go through the above intersection from the right side of the defendant's moving direction to the left side of the vehicle of the victim C(I, 43 years old) driving through the above intersection in accordance with the yellow flickering light, etc.

As a result, the defendant suffered brain-dead treatment that requires treatment for about three weeks for the victim, and the victim E (the 25 years old) who is a taxi passenger of the defendant suffered brain-dead treatment that requires treatment for about two weeks, and damaged the victim's vehicle to be 3090,000 won for repairing expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E and C;

1. Application of the mandatory insurance policy, actual condition survey report, each medical certificate, and written estimate and other Acts and subordinate statutes;

1. Relevant provisions of the proviso of Article 3 (2) 1 of the 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 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Determination of imprisonment without prison labor and imprisonment for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in which punishment is imposed;

1. Aggravation for concurrent crimes;