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(영문) 의정부지방법원 2017.08.25 2017고단2006

교통사고처리특례법위반(치상)등

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

1. The Defendant is a person who is engaged in driving service with C51251 meta in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On March 1, 2017, the Defendant driven the off-road 19:05 above, and driven the two-lanes of the two-lanes in front of the Seoul Metropolitan City, Jung-gu, Seoul, along the one-lane distance from the same side to the mutually advantageous one-lane.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the Defendant neglected this and proceeded as it was by negligence, disregarding that the ongoing signal of the vehicle is a stop signal, and caused the passage from the right side of the crosswalk to the left side by using the crosswalk pursuant to the pedestrian signals, and immediately discovered the victim E and operated it to avoid this. However, the Defendant did not cause any damage to the U.S., and had the victim go beyond the ground with the front wheels part of the U.S. driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as cutting the upper end of the upper end, which requires approximately eight weeks of medical treatment, due to such occupational negligence.

2. No person who violates the Guarantee of Automobile Compensation shall operate an automobile without purchasing a mandatory insurance policy;

Nevertheless, the Defendant, without purchasing mandatory insurance at the time and place specified in Paragraph 1, driven 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate;

1. Inquiry into mandatory insurance (C);

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)1 and 3(1)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and de facto occupation, the choice of imprisonment without prison labor), Article 46(2)2 of the Guarantee of Automobile Compensation Act, and Article 8 of the same Act.