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(영문) 창원지방법원 통영지원 2014.06.10 2014고단295
교통사고처리특례법위반등
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a B-beon vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act (unlicensed driving).

On December 30, 2013, 17:35 on December 30, 2013, the Defendant: (a) was driving the Poter cargo on the front of the residential exhibition hall in front of the residential exhibition hall to be carried out; and (b) was driving the Poter cargo to turn to the left from the right side of the road at the right side of the road.

Since there is a left turn to the left, in such a case, there was a duty of care to check whether a person engaged in driving service has a vehicle that is straight at the opposite place by reducing the speed or temporarily stopping the speed, and to safely turn to the left so as to prevent the accident from spreading.

Nevertheless, the defendant neglected to turn to the left and got the front part of the victim C(30 years of age) driving that was going to the right side of the front side of the vehicle on the right side of the defendant's vehicle.

As a result, the Defendant suffered injuries, such as kneee knee knee knee knee knee, etc., which requires four weeks of treatment.

2. On December 30, 2013, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) around 17:35 on December 30, 2013, the Defendant operated B Poter’s portrait pool flobbing cargo vehicles, which was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the de facto survey report, the ledger of driver's license, mandatory insurance, medical certificate, medical certificate, recording record;

1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, Article 46(2)2 and Article 8 of the Automobile Accident Compensation Guarantee Act concerning criminal facts, and Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Imprisonment.

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