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(영문) 서울북부지방법원 2020.01.09 2019고단4600
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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 without registration in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

At around 07:30 on September 10, 2019, the Defendant driven the above Oralba, leading C front of the road located in Gangnam-gu Seoul, Gangnam-gu, to turn to the right from the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the road.

In this case, the driver of the vehicle has a duty of care to safely drive the front left by properly examining the front left right according to the direction of safety marking.

Nevertheless, the defendant neglected this, and caused the victim E (the 78 years of age) who was walking on the front bank of the defendant due to the negligence of driving ahead of one-way traffic route, and faced the victim E (the 78 years of age) in front of the defendant's ozone.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the brush of the part of the lower part of the left-hand 16 weeks of medical treatment.

2. No owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the above Oral Ba 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. Investigation report (whether an instruction passing through the one-way system is violated);

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to accident scene and victim photographs;

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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