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(영문) 서울중앙지방법원 2013.10.18 2013고단4805

교통사고처리특례법위반등

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

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 a motor vehicle for a franchise.

At around 20:00 on May 7, 2013, the Defendant proceeded on a road of 6 lanes 132 ahead of Cheongdo-dong, Gangnam-gu, Seoul, with a speed of 50km each other at the south of the Dong-dong Intersection, along a speed of 1:5km each other at a speed of 50km.

Since there is a crosswalk where a signal apparatus has been installed, it was confirmed whether a person engaged in driving service has a road by reducing the speed and by properly examining the front, rear, and left and right of the road, and there was a duty of care to safely drive the road in accordance with the signals.

Nevertheless, due to the negligence of neglecting and proceeding the vehicle's progress signal while neglecting it, the victim D (the age of 27) who dried the crosswalk in accordance with the crosswalk signals from the left side of the driving direction of the said vehicle, was placed on the right side of the said vehicle by taking the victim D (the age of 27) to the front part of the driving direction of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as a 12-day therapy, due to the above occupational negligence.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the defendant, who is not a mandatory insurance, was driving the car at the date, time and place specified in Paragraph 1 as a holder of Cchip car which is not a mandatory insurance.

Accordingly, the defendant operated a passenger car not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A traffic accident occurrence report;

1. Photographss by capturing a dynamic image;

1. Mandatory insurance policies;

1. Application of statutes to copies of each written diagnosis;

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, the Article 268 of the Criminal Act concerning facts constituting an offense, and the selection of imprisonment without prison labor;