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(영문) 창원지방법원 마산지원 2020.02.04 2019고단912
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for four 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 a motorcycle 110 motorcycle that has not been covered by mandatory insurance.

On August 1, 2019, the Defendant driven the above motorcycle on August 14:32, 2019, and led C ahead of it in the Changwon-si, Muwon-si B to E from the edge of the hospital.

Since the location was the intersection of a two-way road with a straight margin sign, a driver of a motor vehicle is prohibited from entering the road in violation of the straight margin sign in accordance with the traffic safety facility sign or the direction of signal, and there was a duty of care to check whether there is another motor vehicle passing through the intersection and to prevent the accident by driving safely.

Nevertheless, the defendant neglected this and caused the car car of the victim F(36 years old) driving by negligence in violation of the prohibition of direct operation of the road surface.

As a result, the Defendant damaged the car of the ice 1,066,928 Won by occupational negligence as above, and at the same time suffered injury to the victim, such as knee, knee, and other knee-free fields requiring treatment for about two weeks, and tensions and tensions in the detailed portions.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual condition survey report;

1. Traffic accident photographs;

1. Specifications of automobile inspection and maintenance;

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

1. Relevant Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation, Article 3 (1), the proviso of Article 3 (2) and Article 3 (1), Article 3 (2) 1 of the Act on Special Cases concerning Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the provisions of Articles 40 and 50 of the Act on Special Cases concerning the Handling of Traffic Accidents and the crimes of violation of the Road Traffic Act, and punishment provided for more severe electronic

1. The crime of violating the Guarantee of Automobile Accident Compensation Act, which is an option, shall be punished by imprisonment;

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