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(영문) 대구지방법원 안동지원 2016.05.20 2016고단151
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four 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. On February 18, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act, driving a body car at C around 11:50 on February 18, 2016, and driving the front road of the Si temperature Foundation, which is located in the city-to-west Transfer Do, in the front road of the city-to-west Transfer Do, at the speed of about 127 km at the speed of permanent residence from the

Since the restriction speed is 80 km per hour, a person engaged in driving a motor vehicle has a duty of care to observe the restriction speed and to safely operate it by checking well the right and the right of the front side.

Nevertheless, the Defendant neglected this and proceeded with a limited speed exceeding about 47 km per hour by negligence, thereby driving the victim D (43 ). The part on the left-hand side of the vehicle behind the E-Poter II, which was driven by the victim D (43 ).

Defendant 1 suffered the victim’s salt and tensions that require approximately three weeks of medical treatment due to such occupational negligence, and at the same time damaged the 5,423,809 won of the Poter freight.

2. The Defendant violated the Guarantee of Automobile Compensation Act, without purchasing a mandatory insurance policy at the same time, operated a car at the above time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Reports on the occurrence of a traffic accident and field photographs;

1. Inquiry into mandatory insurance;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Compensation for Motor Vehicles, and the main sentence of Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents shall be punished by imprisonment without prison labor and the violation of the Guarantee of Automobile Compensation;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. The Criminal Act, the suspension of execution;

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