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(영문) 서울중앙지방법원 2021.01.22 2020고단7787
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes 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 (Bodily Injury) is a person who operates a motor bicycle in B 124cc.

On October 15, 2020, the Defendant, while driving a bicycle with the above engine device around 17:06, was going to the intersection from the intersection of the Gu office to the intersection of the off-road along the two-lane road near the Seoul Jung-gu Seoul Central Office along one lane.

At that time, there was no direction signal for the vehicle, and there was no room for a U-turn, so there was a duty of care to keep the center line not to obstruct the operation of vehicles driving on the opposite lane to those who drive a motor device bicycle.

Nevertheless, the defendant neglected this and got the victim to go beyond the floor by collisioning the E-Engine bicycle that is driven by the victim D ( South, 47 years old) who was going on the opposite lane due to the negligence over the center line in order to make a U-turn.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the left-hand side, which requires approximately six weeks of medical treatment.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, around October 15, 2020, the Defendant operated a B 124cc motor vehicle that was not covered by mandatory insurance at approximately 200 meters in the section of approximately 200 meters from the vicinity of the Jung-gu Seoul Metropolitan Government to the same place as described in paragraph 1.

Summary of Evidence

1. The defendant's legal statement D's statement, the actual condition investigation report, each photographic diagnosis report into mandatory insurance, and the application of the Acts and subordinate statutes to each investigation report;

1. Relevant Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the proviso to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and the proviso to Article 3(2)2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 46(2)2 of the Guarantee of Automobile Compensation, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (Non- mandatory insurance)

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