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(영문) 서울북부지방법원 2019.06.20 2018고단5469
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. The Defendant, in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving freight cars B.

On November 14, 2018, the Defendant driven the above cargo vehicle on November 16:35, 2018, followed by two lanes in front of the “D” in Seoul Central District, the Defendant driven the above cargo vehicle to the private distance of the reservoir parking lot from the private household basin to the private distance of the private household, and led the Defendant to the right-way.

Since there is a three-lane road, there was a duty of care to prevent accidents by entering the right side of the road in advance to a person engaged in driving of a motor vehicle, driving the motor vehicle into the right side of the road and driving the motor vehicle safely.

Nevertheless, the defendant, while proceeding two lanes, had the victim G (W, 54 years old) who was on board the bus go beyond the bus by making the F route bus that was driven along three-lanes by the by negligence of bypassing to E, was rapidly operated.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting the frame of the right wing frame, which requires approximately ten weeks of treatment.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a person who owns B wing-off cargo vehicles.

Although the defendant is prohibited from operating a motor vehicle which is not covered by mandatory insurance on the road, he operated the above cargo vehicle which is not covered by mandatory insurance from the temporary border area of the Seoul Jung-gu to the place specified in paragraphs (1) through (1).

Summary of Evidence

1. Defendant's legal statement;

1. G statements and H’s current occurrence of traffic accidents;

1. The actual survey report on traffic accidents;

1. A medical certificate;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, 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;

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