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(영문) 대전지방법원 2017.01.19 2016고단3166

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act is a person who is engaged in driving a vehicle B.

On July 24, 2012, the Defendant driven the above vehicle at around 19:00, and driven the above vehicle at a speed of 10km per hour from the direction of the Chungcheongnamnam University, along three-lanes from the westnam University to the direction of the 10km of speed.

Since the location was a congested road, there was a duty of care to prevent accidents in advance by accurately operating steering devices and brakes with a driver who is engaged in driving service.

Nevertheless, the Defendant was driven by the victim C(41) (S) who was standing in the front of the vehicle due to the negligence that led to the Defendant’s failure to stop in the front of the vehicle, and was driven by the victim C(S) in the front of the vehicle of the Defendant.

Ultimately, the Defendant caused the injury of the victim E (the 42 years old), who is a passenger of the said high-speed car with the victim C due to the above occupational negligence, to the victim E (the 42 years old), for each two-day medical treatment, and at the same time, damaged the above high-speed car by 380,596 won, including the exchange of the crime.

2. No vehicle that fails to purchase a mandatory insurance policy violating the Guarantee of Automobile Accident Compensation Insurance shall operate on the road;

Nevertheless, the Defendant driven a car at the same time and place as stated in paragraph 1, which was not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. C’s statement;

1. Mandatory insurance inquiries-B

1. Each written diagnosis;

1. Written estimate - Application of D legislation

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 (a point of causing occupational negligence), Article 46(2)2 of the Guarantee of Automobile Damage Compensation Act, and Article 8 of the same Act.