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(영문) 부산지방법원 2017.04.19 2016고단8609

교통사고처리특례법위반(치상)등

Text

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

The defendant is a person who is engaged in driving duties for five tons or more.

[2016 Highest 8609]

1. On November 1, 2016, the Defendant, who violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Traffic Act, tried to enter the road of one-lane in order to turn to the left at the construction site located in the Geum-gu Busan Metropolitan Government C around November 1, 2016.

In such cases, the driver of a motor vehicle has a duty of care to confirm whether the motor vehicle is traveling on the road by properly examining the left and right of the motor vehicle and to prevent accidents in advance by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected this and did not confirm the right and the right and the right and the Defendant failed to verify the E-Ra car owned by the victim D(44) who was proceeding to the right and right from the left side of the driving direction of the Defendant’s vehicle, and received the front part of the victim’s vehicle.

Ultimately, the Defendant caused injury to the victim, such as the impairment of the face that requires approximately three weeks of medical treatment due to such occupational negligence, and at the same time damaged the victim’s above-mentioned LV vehicle to have approximately KRW 1,964,178 of repair cost.

2. The Defendant violated the Automobile Damage Compensation Act: (a) operated the instant 5 tons vehicle, which did not subscribe to automobile liability insurance at the time and place; (b) operated the said 5 tons vehicle.

[2017 Highest 541]

1. On December 28, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (hereinafter referred to as the “Road Traffic Act”) driven the above-mentioned vehicle at around 10:20 on December 28, 2016, and stopped at a place where there is a slope located in G Mart located in

In such cases, a person engaged in driving of a vehicle has a duty of care to safely maintain the state of parking of the vehicle by stopping the traffic and thoroughly operating the brakes when leaving the driver's seat.

Nevertheless, the defendant neglected to do so.