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(영문) 수원지방법원 성남지원 2012.11.22 2012고단1729

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight 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 by the Defendant of the violation of the Road Traffic Act, on July 26, 2012, by driving a car, the two-lane road in front of the entrance of the Sinpo-Eup Sinpo-si Si in Gyeonggi-gu, Gwangju-gu, toward the right-hand side.

In such cases, a driver of a motor vehicle has a duty of care to safely check whether there is a motor vehicle traveling along the intersection by checking the front side and the left side of the motor vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and did not discover the NA6 dual-wheeled vehicle driven by the victim D (Nam, 25 years old) who was operated by the victim D (Nam, and 25 years old) from the side of Gwangju due to negligence, and did not discover the left part of the said two-wheeled vehicle by shocking the part of the left part of the said two-wheeled vehicle into the front part of the Defendant’s vehicle, which was used on the floor and parked on the right side of the proceeding, and refump truck, which was parked on the right side of the direction.

The Defendant caused the victim’s occupational negligence to suffer the opening of the left-hand sloping, which requires approximately eight weeks of treatment, and at the same time damaged the dial-wheeled vehicle owned by the victim so that the repair cost is equivalent to KRW 21,258,000.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, which operated a car without mandatory insurance, at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, on-site photographs;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 3(1) 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) and Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 11369, Feb. 22, 2012) concerning criminal facts.