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(영문) 서울남부지방법원 2014.09.18 2014고단794
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving DCITRI100 Oba.

At around 17:40 on November 21, 2013, the Defendant driven the off-to-face 17:40, and proceeded at a speed of about 40km in speed from the erode to the erode of the two-lane 6-lanes in front of the exit area located in 861-6, Guro-gu, Seoul, along the two-lanes from the erode station to the erode.g.

There is an over-speed prevention threshold, and the defendant found that the bus whose number is unknown runs ahead of it at a low speed.

In such cases, the driver has a duty of care to keep the lane well for the driver, and the driver has a duty of care to prevent accidents in advance by safely driving the vehicle with the same situation.

Nevertheless, the defendant neglected this and proceeded along a bus that runs slowly without living well, and the victim E (57 years old) who crosses the road from the left-hand side of the bedle to the right-hand side of the bed and got the victim to go beyond the floor.

As a result, the Defendant suffered injury to the victim by negligence in the above occupational negligence in the part of the right-hand side where treatment for about eight weeks is required, and the Defendant suffered injury to the formation of blood species.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated DITI100 Oba with no mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Legal statement of witness E;

1. Statement to E by the police;

1. The actual condition survey report;

1. Mandatory insurance policy;

1. Each medical certificate and opinion;

1. Application of statutes on site photographs;

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

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

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