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(영문) 광주지방법원 목포지원 2015.08.20 2015고단408
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

On March 7, 2015, the Defendant driven the said car which was not covered by mandatory insurance on March 23:15, 2015, and driven the three-lane road in front of the Yellow Sea, which is located in Sinpo City, Sinpo City, at a speed that would not be known in accordance with the three-lane gate from the three-lane gate gate.

At that time, yellow-off signal was operated and a crosswalk was installed in the front section. In such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle was a person who renders a way to reduce speed and to see well the right and the right and the right of the motor vehicle and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and proceeded with the victim C (the age of 22) who dried the crosswalk from the left side to the right side by negligence, which led to the front part of the car.

Ultimately, the Defendant suffered injury to the victim, such as a ductal pelle, which requires approximately 10 weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on traffic accidents, reports on accident sites, and photographs of accident vehicles;

1. Mandatory insurance policies;

1. - Application of the Medical Certificate (C) statute

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) 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;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 38 (2) and 50 of the Criminal Act (within the scope of the sum of the long-term punishments for two crimes, and punishment shall be imposed by imprisonment with prison labor);

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Violation of the Act on Special Cases concerning Traffic Accident Settlement;

(a) Determination of types of crime: traffic crimes;

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