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(영문) 인천지방법원 부천지원 2013.07.10 2013고단759
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

1. On March 12, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving of the above cargo vehicle on March 12, 2013, and driving at Kimpo-si, Kimpo-si, in the direction of the inspection team, the distance of the fluor apartment in the two-lanes in the direction of Yangpo-si. In such a case, the Defendant, who is engaged in driving the motor vehicle, is an intersection with a signal, etc. installed at the same time, has a duty of care to safely drive the motor vehicle in accordance with the new subparagraph, and instead, due to the negligence of entering the intersection as it is, the Defendant neglected to do so, led the victim C(43 years) (the victim) (the victim), driving the fluor of the cargo in the direction of the left-hand part of the fluor vehicle in front of the fluor's right-hand part.

Ultimately, the Defendant caused the above occupational negligence to close down the bones of trees, which requires approximately eight weeks of medical treatment, to the victim.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) drive the Poter freight not covered by mandatory insurance at the same time and at the same place; and (b) drive it as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in C (Simplified traffic);

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) and (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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 (the point of operating cars which are not mandatory insurance and the choice of imprisonment);

1. From among concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and (2) and Article 50 of the Criminal Act shall be aggravated within the scope of the sum of the long-term punishment for the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy penalty;

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