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(영문) 의정부지방법원 2014.04.08 2014고단177

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of punishment shall be suspended for two years from the date of the final judgment.

Reasons

Criminal facts

1. On December 21, 2013, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act. On December 21, 2013, the Defendant driving of the said Poter Truck, the Defendant: (a) was negligent in driving the Poter Road in the course of driving the vehicle while neglecting his/her duty of care in the direction of the Mapon city at the level of the Gap-si in the Gap-si, Bupyeong-gu, Gyeonggi-gu; (b) while driving the Poter Road at the direction of the Gap-Gun Office, while neglecting his/her duty of care in the direction of the Gap-si; and (c) caused damage to the victim’s Da (n, 48 years old) driving seat on the side of the Dop-si in the direction of the Gap-Gun Office at the speed of the Gap-si; and (d) caused damage to the victim, 2500 Do 425 Do 97.

2. On December 21, 2013, the Defendant violated the Guarantee of Automobile Accident Compensation Act, the owner of B Poter truck. On December 21, 2013, the Defendant operated the said Poter truck not covered by mandatory insurance at a section of approximately 500 meters from the Do 376-5, Pyeongtaek-gu, Gyeonggi-gu, Gyeonggi-do, to the 464-4th road.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of traffic accident-related person;

1. A traffic accident report (1), (2);

1. Automobile, parts, delivery, and payment requests (D);

1. Application of Acts and subordinate statutes of a medical certificate;

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, Articles 46 (2) and 8 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The positive circumstances of sentencing under Article 62-2 of the Social Service Order Act: The fact that there is no record of punishment exceeding a fine, and reflects his mistake in depth and repent.