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(영문) 의정부지방법원 고양지원 2015.04.30 2014고단3200

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for one year.

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. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of a 31 ton and loaded cargo vehicle.

On October 13, 2014, at around 07:25, the Defendant driven the above cargo, and let the Defendant turn to the left at approximately 30 km speed from the original direction to the intersection of the above shooting distance.

At the time, there is an intersection where signal lights are installed, so the driver should safely turn to the left according to the signals, and since the crosswalk was installed at the above intersection, there was a duty of care to safely drive by checking whether there is a pedestrian who gets a walk or not.

Nevertheless, the defendant neglected this and made a left turn to the right signal, and the victim D (the 33 years old) who dried the crosswalk in accordance with the pedestrian signals at the front direction of the road in the front direction of the defendant's vehicle in the right direction.

Ultimately, the Defendant suffered injury to the victim, such as pressure duplicating the part 1, which requires approximately 12 weeks of medical treatment due to the above occupational negligence.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) the Defendant operated a 31 ton st ton cargo vehicle without purchasing mandatory insurance for automobiles at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, mandatory insurance policies, and investigation reports;

1. Article 3(1), the proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46(2)2, and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015);

1. The Criminal Act among concurrent crimes.