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(영문) 광주지방법원 2015.04.15 2014고단3006
교통사고처리특례법위반등
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 of the final judgment.

Reasons

Punishment of the crime

1. The Defendant, in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, is a person who drives a NAS car.

On November 1, 2013, the Defendant driven the above car at around 19:00 on November 19, 2013, and proceeded in the front of the E Hospital D in Gwangju Seo-gu along the two-lanes from the old New Abuse School to the arche vehicle.

At the same time, the “G” driven by the victim F (25 years of age) according to three lanes in the same direction. In such a case, the driver of a motor vehicle has a duty of care to inform the change of direction in advance and to change the car line while keeping the front door and the left door well.

Nevertheless, the Defendant neglected this and instead changed the lane from the two lanes to the three lanes, and thereby, received the front side of the left side of the Defendant’s driver’s vehicle as the front side of the Defendant’s driver’s vehicle.

The Defendant, by negligence in the course of business, sustained approximately six weeks of medical treatment from the victim, such as “outstanding to the flusium of the flusium and the flusium.”

2. The Defendant is the actual owner of the foregoing vehicle in violation of the Automobile Damage Security Act.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, around November 07, 2013, the Defendant driven the said car that was not covered by mandatory insurance, as above, around 19:00.

Summary of Evidence

1. Statement of the defendant in the second protocol of trial;

1. Reporting on the occurrence of a traffic accident;

1. The actual condition survey report;

1. A statement of the occurrence of a traffic accident of F;

1. A medical certificate;

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

1. Article 3(1) of the relevant Act on Criminal Facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Selection of Punishment, Article 268 of the Criminal Act, Article 46(2)2 and Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015);

1. The Criminal Act among concurrent crimes.

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