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(영문) 대전지방법원 천안지원 2015.07.07 2014고단1646
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became 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 a C-wing cargo vehicle.

around 12:20 on August 13, 2014, the Defendant followed the E-won building located in Asan City D, and passed the sidewalk from the parking lot to the back to the road.

In such cases, the driver of the vehicle has a duty of care to prevent accidents in advance by temporarily stopping the vehicle immediately before driving the sidewalk, and by preventing the accident from obstructing the passage of pedestrians after examining the left and right.

Nevertheless, the Defendant neglected this and caused the victim F (the 74 years old) to go up to the ground by the negligence of passing through the sidewalk at an insular speed, which caused the Defendant to go up to the ground by shocking the victim F (the 74 years old), following the freight vehicle driving.

Ultimately, the Defendant suffered injury to the victim, such as cerebral cerebral cerebrs, which requires a trial decision after treating about 10 weeks from the above occupational negligence.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate an automobile which is not covered by mandatory insurance;

Nevertheless, the Defendant operated a C wing truck with no mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Actual condition survey report and field map, report on the occurrence of a traffic accident, and on-site photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 3(1) and the proviso to Article 3(2)9 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46(2)2 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015); the main text of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015);

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

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