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(영문) 서울남부지방법원 2015.02.13 2014고단3159

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six 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 engaging in driving a rocketing car.

On December 22, 2013, the Defendant driven the above car at around 16:00, and driven the three-lane road in front of Gangseo-gu Seoul Metropolitan Government at about 40 km from the new fire prevention station to the new fire prevention distance.

In this case, a driver of a motor vehicle has a duty of care to properly see the right and the right and the right and the right and the right of the motor vehicle, and to accurately manipulate the operation and the steering gear to prevent the accident.

Nevertheless, the Defendant neglected to do so and neglected to do so and neglected to do so and neglected to do so, and at the time, received the victim D (the age of 65) who crossed the front crosswalk from the right side of the Defendant’s running direction to the left side of the pedestrian signal signal from the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury, such as a ductal frame, etc., that requires approximately six months of medical treatment, due to such occupational negligence.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of B rocketing passenger cars.

No owner of an automobile shall operate any automobile on the road which is not covered by mandatory insurance.

Nevertheless, around 16:00 on December 22, 2013, the Defendant operated the foregoing vehicle not covered by mandatory insurance from approximately 3 km section from the front of the Defendant’s dwelling in Gangseo-gu Seoul Metropolitan Government to the front of the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Mandatory insurance policy;

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

1. Relevant provisions of Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of imprisonment (or imprisonment without prison labor) with or without labor

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent offenders.