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(영문) 부산지방법원 2020.07.23 2020고단1669
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On March 9, 2020, the Defendant driven the above cargo vehicle at a speed of 18:26 on March 18, 2020, and proceeded to turn to the left at the speed from the center of the intersection of the shooting distance without the front signal at “D” located in Fri-gu, Busan.

At all times, an intersection where traffic is not controlled by signal apparatus, etc. and there was a place where pedestrians and other vehicles are always passing along along a side-road with no median line. As such, there was a duty of care to prevent accidents in advance by safely driving the vehicle by safely driving the vehicle by checking whether there are other vehicles or pedestrians driving along the intersection by reducing speed in advance, maintaining the right and the left and right of the vehicle, and accurately operating the steering system.

Nevertheless, the defendant neglected to turn to the left and got the victim F(E, 75 years old) who was walking in the direction of the defendant's proceeding due to the negligence of the defendant's failure to turn to the left, was placed in front of the left side of the above cargo vehicle of the defendant's driving, and had the victim go to the road.

Ultimately, the Defendant suffered injury to the victim, such as blood transfusion, due to the above occupational negligence, from an injury to the victim, who did not have any two external sufferings in need of an open treatment for about eight weeks.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of B 21t cargo vehicle, and the automobile owner shall not operate an automobile which is not covered by mandatory insurance.

Nevertheless, the defendant operated the cargo vehicle without mandatory insurance at the time and place mentioned in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The G traffic accident statement;

1. The actual survey report on traffic accidents;

1. Mandatory insurance policy;

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