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(영문) 대구지방법원 안동지원 2016.09.09 2016고단320
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for three years 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 third party vehicle with no mandatory insurance policy.

On February 25, 2016, the Defendant driven the above vehicle at around 22:17, and proceeded in the direction of the safe court in the direction of the safe high school in the direction of the court in the direction of the safe high school.

Since there is an intersection where signal lights are installed, there was a duty of care to safely drive a person engaged in driving service in accordance with good faith.

Nevertheless, the Defendant neglected this and neglected to proceed with a stop signal, and thereby received the front part of the Echip car driving by the victim D (47 ). The front part of the Echip car was received as the front part of the Echip in front of the Echip.

Defendant 1 caused an injury to the victim, such as a shoulder or sprinkbling that requires approximately three weeks of medical treatment, due to such occupational negligence, and at the same time damaged the 5,548,326 won of the franchis.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Mandatory insurance certificate;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Compensation for Damages Caused by Motor Vehicles, and the main sentence of Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents shall be punished by imprisonment without prison labor and the violation of the Guarantee of Automobile Compensation;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. The main text of Article 62(1) of the Criminal Act (the degree of injury of the victim is relatively small, the defendant recognizes his/her mistake, and the defendant is a major criminal record.

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