logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.07.18 2019고단2422
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is the person who is engaged in driving service of B body-wide car.

On November 14, 2018, the Defendant was driving the said body-man car at around 07:25, and continued to drive the said body-man car in front of the D farm located in the Cheongdo-gun C, Cheongdo-gun, Cheongdo-do-si with the same side of the Eup-Myeon from the night financial room in Cheongdo-Eup.

In this case, the driver of the motor vehicle has a duty of care to reduce the speed and to ensure the safe driving of the motor vehicle and prevent the accident in advance.

Nevertheless, the defendant neglected this and caused the victim to be driven by the victim E (the 70-year old) who was driving in the front section due to negligence in driving the vehicle.

Ultimately, the Defendant suffered cerebral ties, etc., which require approximately six weeks of medical treatment from the victim due to the above occupational negligence.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road where mandatory insurance is not subscribed;

Nevertheless, the Defendant, as a holder of a passenger vehicle specified in the preceding port, operated the said passenger vehicle without mandatory insurance from the front of the North Cheongdo-gun, Cheongdo-gun, Seoul, to the front of the Cheongdo-gun, the date specified in the preceding port.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. Mandatory insurance policies;

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

1. Relevant legal provisions concerning facts constituting an offense, 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 (the point of not mandatory insurance and the choice of imprisonment).

arrow