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(영문) 서울서부지방법원 2018.06.12 2018고단694

교통사고처리특례법위반(치상)등

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 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 vehicle with sod vehicle of C. C.

On January 5, 2018, the Defendant driven the foregoing vehicle that was not covered by mandatory insurance at around 01:00, while driving the vehicle, one lane of the two lanes of the 114-1 road in Yongsan-gu, Yongsan-gu, Seoul at the intersection of the Yongsan-gu, Yongsan-gu, Seoul, and the original efficacy two lanes from the intersection to the intersection of the Yongsan-gu market at an imsectionless speed, followed the center line and followed the left-hand turn again.

At this point, there was a center line of yellow solid lines, and there was a vehicle standing in the rear direction of the defendant.

In such a case, there was a duty of care to prevent accidents due to the following reasons: (a) the driver engaged in driving of a motor vehicle has a duty of care to keep the steering gear and brakes accurately and to safely control the steering gear and to safely protect the central line.

Nevertheless, the Defendant neglected to take care of the rear side of the instant taxi and did not go back to the center line properly, and got the victim F(49 tax) who was tryed to board the said taxi with the rear part of the victim D (55 ) drive Enatata-si, the left part of the instant taxi, and the victim F(49 ) who was tryed to board the said taxi.

As a result, the Defendant, by occupational negligence, suffered injury to the victim D in need of approximately two weeks of care, from the injury to the victim F (hereinafter referred to as the "victim F") such as base salt, tensions, etc. in the trend requiring approximately three weeks of treatment, and injury to the victim G (hereinafter referred to as the "victim G") who was on the above taxi in need of approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), Article 268 of the Criminal Act (the occupation and negligence) of the Criminal Act, and Article 46 of the Guarantee of Automobile Damage Compensation Act.