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(영문) 제주지방법원 2014.02.07 2013고단1681
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 November 29, 2013, at around 06:59, the Defendant violated the Special Act on the Settlement of Traffic Accidents (hereinafter “Special Act”) committed an injury, such as the victim C (64 years old)’s driving, which came to turn to the left of the left of the Korean Marin Hospital on the ground of the occupational negligence of having violated signal and entered the Korean red signal at the center of the signal and turn to the left, due to the fact that the Defendant got to the left of the left part of the car of the victim C (64 years old)’s driving, which turned to the front part of the Defendant’s left part of the vehicle, and caused the victim’s injury, such as about six weeks’ left part of the vehicle, 5,6,7,8 f, f, f, e.g., the victim need to receive treatment for about six weeks at the left part of the vehicle.

2. A motor vehicle owner in violation of the Guarantee of Automobile Accident Compensation Act operated the said motor vehicle without mandatory insurance at the time and place specified in paragraph (1), despite the fact that the said motor vehicle owner was liable to pay the amount of money prescribed by Presidential Decree, when another person’s property is destroyed or damaged due to the operation of the motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. CWritten statements related to traffic accidents;

1. Application of Acts and subordinate statutes to the traffic accident report, mandatory insurance bureau, and general medical certificate;

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment: Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act (the operation of vehicles which are not mandatory insurance). The violation of the Act on Special Cases concerning the Settlement of Traffic Accidents shall be punished by imprisonment without prison labor and the

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act (within the scope of both punishment for imprisonment and long-term punishment);

1. Suspension of execution: The reason for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act are considered).

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