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(영문) 부산지방법원 2019.01.16 2018고단4052

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Defendant is a person who is engaged in driving a New Telecommunication 50cc Oral in which no license plate is available.

On March 27, 2018, the Defendant driven the above Obaon on the 23:10 on March 27, 2018, while driving along the four-lane road in front of the Busan Jin-gu, Busan along the one-lane from the front side to the port side, and making the left turn to the left after the center line.

Since there is a central line, there was a duty of care to safely operate the vehicle in order to protect the vehicle without breaking the central line.

Nevertheless, the Defendant neglected this and got 100 Obama, which did not display the number plate of the victim C (Nam, 25 years old) who had been living in accordance with the new code, due to the negligence of the Defendant committed a central line.

As a result, the Defendant suffered from the victim’s negligence in the course of performing the above duties the injury of the victim, such as breaking a duct and a ductal framework, which requires approximately five weeks of medical treatment, and at the same time damaged the victim’s ductal 100 duba to the extent that it is impossible to repair it.

2. Despite the fact that the Defendant is prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant operated a new 50cc c ocon with no number plate that is not covered by mandatory insurance at the same time and at the same place as the above paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to a medical certificate and a traffic accident report;

1. Automobiles which are not covered by the mandatory insurance of Article 3(1) and the proviso of Article 3(2)2 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 Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts;