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(영문) 전주지방법원 2014.08.22 2014고단952
교통사고처리특례법위반등
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

1. On April 23, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”), driving the said car on April 23, 2014, and driving the road ahead of the Cheongcheon-gu, Cheongcheon-gu, Seoul Metropolitan City, which is in front of the Cheongcheon-gu, Seoul Metropolitan City, along the two-lanes from the side of the agricultural middle volcanic point of view.

The defendant engaged in driving of motor vehicles has a duty of care to check whether there is a person who has a way to see well.

Nevertheless, the defendant did not discover the victim D (30 years of age) who walk behind a low-speed car parked in front of the moving direction of the defendant due to the negligence that the defendant neglected to do so and proceeded in front of the vehicle of the defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the injury of the victim, such as the core area of the apartment complex near the right side of the gold, and the heart and heat accompanied by the marcule of the gold flusium, the gold flusing land, and the

2. He shall not operate any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act;

Nevertheless, the Defendant driven a C-motor vehicle that was not covered by the mandatory insurance held by the Defendant at the time, place, and place mentioned in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A survey report on the actual condition of a traffic accident, the scene of an accident, and the photograph of an accident vehicle;

1. Inquiries into insurance coverage and non-Joining;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating an automobile without insurance, the choice of imprisonment);

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and (2), and Article 50 of the Criminal Act among concurrent crimes.

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