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(영문) 창원지방법원 2018.01.30 2017고단2191
교통사고처리특례법위반(치상)등
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

The Defendant is a person who is engaged in driving a non-registered 125cc.

1. On April 19, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven by the above Oralab on the surface of the 19:10 on April 19, 2017, led the roads to the intersection in front of the 1 Dong community service center in the city of Kimhae-si to the site of the 1st Dong community

Since there is a crosswalk where a signal, etc. is installed, in such cases, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce speed and to see well the right and the right and the right and the right and the right and the duty of care to drive safely according to the new code.

Nevertheless, the Defendant neglected to do so and found the crosswalks in the front direction to the right side of the road, following the victim D (n, 9 years old, etc.) who was cut to the right side of the road, depending on the pedestrian signals, and operated the road rapidly. However, the Defendant, as a part of the left hand of the road on the upper left side of the road, caused the victim to go beyond the ground.

Ultimately, the Defendant suffered injury to the victim, such as the impairment of the head’s reputation that requires approximately two weeks of treatment due to the above occupational negligence.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated the foregoing urbine, which was not covered by mandatory insurance, at the time and place specified in paragraph (1).

Summary of Evidence

Application of Acts and subordinate statutes to the written investigation of the Defendant’s legal statement D

1. Relevant legal provisions concerning facts constituting an offense, 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 (the fact of causing a traffic accident, the selection of imprisonment without prison labor), Article 46(2)2 and Article 8 of the Guarantee of Automobile Compensation Act (the fact that a mandatory insurance has not been covered by the mandatory insurance is operated, the selection of imprisonment with prison labor is made);

2. 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;

3. Article 62(1) of the Criminal Act (a person who has sustained damage).

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