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(영문) 광주지방법원 목포지원 2020.06.23 2019고단1187
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than three 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. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a franchise-free motor vehicle;

On September 5, 2019, the Defendant operated the said car on September 5, 2019, and continued to move the artificial breadth intersections in 1060, 1060, Maok-dong, Jeonnam-si, to the Yeongsan River mouth, Seomjin River from the pathm of the Peace square.

In such cases, the driver of a motor vehicle has a duty of care to maintain the safety distance with the front vehicle and to prevent the accident by safely driving the front.

Nevertheless, the Defendant neglected this and found that the Drocketing car driven by the victim C (Nam, 42 years old), who was driven by the Defendant, was late to stop in line with the traffic condition, and received the part of the Defendant’s vehicle behind the passenger car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of Brane car.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, around 08:07 on September 5, 2019, the Defendant operated an automobile without mandatory insurance at approximately 1 km section from the front of the peace square to the artificial explosion front road located in 1060 Mapo-dong, Mapo-dong, 1060.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of traffic accident-related persons C;

1. The evidence and photograph of the traffic accident, and the actual condition report of the traffic accident;

1. A medical certificate (C);

1. The credit bureau (B) and the mandatory insurance bureau (B);

1. Application of Acts and subordinate statutes on video data of damaged vehicles;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the Guarantee of Automobile Accident Compensation Act.

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