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(영문) 인천지방법원 2016.06.30 2015고단8155
교통사고처리특례법위반등
Text

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

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 is engaged in driving of C Poter freight vehicles.

On November 24, 2015, the Defendant driven the above cargo vehicle around 17:30 on November 24, 2015, and turned back the back road front of the "mar church" located in the Nam-gu Incheon Metropolitan City, Nam-dong 900-16 to the post office room.

At the time, there was a frequent passage of people, so in such a case, there was a duty of care to safely drive the motor vehicle and prevent the traffic accident by safely checking whether a person engaged in driving the motor vehicle is a person who is only in the rear side.

Nevertheless, the Defendant neglected to do so and did not discover the victim D (72 3) who was proceeding at the rear side of the cargo vehicle of the Defendant, which was due to the occupational negligence of the Defendant, and received the victim from the back of the cargo vehicle.

As a result, the Defendant suffered injury, such as the 12-day therapy, which requires the above D to receive approximately 12 weeks of treatment due to such occupational negligence.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of C Poter freight.

No owner of a motor vehicle shall operate any motor vehicle on the road which is not covered by mandatory insurance.

Nevertheless, the Defendant operated the above cargo truck which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Statement of the defendant in the fourth public trial record;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Inquiry into mandatory insurance;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 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 Damage Compensation Act, and the main sentence of Article 8 (main sentence)

1. Sentencing Articles 37 (former part), 38 (1) 2, 38 (2), and 50 (to the extent that the punishment is aggregated with the long-term punishment of each of the above crimes) of the Criminal Act aggravated concurrent crimes.

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