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(영문) 창원지방법원 2019.01.31 2018고단3128

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for 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 no registration number of 110cc B.

On September 21, 2018, the Defendant driven the above Oralba, and driven the 18:02 Omba, which led to the flow of the new henbri-distance road in the east-si, Kimhae-si.

At the time, there was a rain, and there was a crosswalk, so there was a duty of care to prevent accidents in advance by driving a motor vehicle with due care to reduce the speed for a person engaged in driving a motor vehicle on the off-to-land, as well as by properly examining the right and the right of the motor vehicle.

Nevertheless, the defendant neglected this and proceeded without properly seeing the right and the right and the right, and did not avoid the victim D(W, 57 years old) to the left side of the direction of the defendant Otoba in accordance with the green signal from the right side of the direction of the defendant Otoba, and received the part of the victim's left side with the front wheels of Otoba.

As a result, the Defendant suffered injury to the victim, such as the scambalone part of the adembal that requires approximately eight weeks of medical treatment by occupational negligence as above.

2. No automobile 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, without being covered by mandatory insurance at the time, at the same time and place as mentioned in the preceding paragraph, operated Oral Ba.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a D traffic accident;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Inquiries into whether mandatory insurance has been subscribed;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3(1) and the proviso of Article 3(2) and (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense, and Article 3(1) of the Act on Special Cases concerning the Selection of Punishment for Accidents