beta
(영문) 창원지방법원 밀양지원 2013.12.19 2013고단532

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

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 C 100cc.

At around 20:00 on August 15, 2013, the Defendant driven a scamb above the scamb, and proceeded with a one-lane road in front of the scambal village in the scambalian-ri, scam-ri.

At the time, it is night and a place where the passage of residents is frequent in front of the village, so there was a duty of care to prevent accidents by reducing the speed for the defendant engaged in driving on the otobb, and driving in good manner.

Nevertheless, the defendant neglected this and proceeded as it is, and received the front part of the victim D (V, 66 years old) which was moving a bicycle at the right edge of the defendant's proceeding direction.

As a result, the Defendant suffered injury, such as the mouth of the body body felbing, accompanied by the right pelkes (all parts) in need of treatment for about 14 weeks 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 operated C 100cc Oral c which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. The actual condition survey report;

1. Mandatory insurance policies;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;