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(영문) 창원지방법원 진주지원 2018.09.28 2018고단1016
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The accused who violated the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act are those engaged in driving cars and freight cars;

On March 5, 2018, the Defendant continued to gather the intersection of the front distance of D in Jinju-si, Jin-si, Seoul, from the direction of the Kao-si, to the Guo-si.

There are no signal apparatus, and the victim E-(32) driving or the car has entered the intersection by straight lines from the boundary of the opposite apartment house to the boundary of the opposite apartment house, depending on the three-lane road, and thus, the driver has a duty of care to check whether there is a vehicle that crosses by temporarily reducing speed or temporarily stopping, and to prevent accidents by accurately manipulating the steering direction and brake system of the vehicle in advance.

Nevertheless, the Defendant neglected to do so and received the left-hand part of the said victim's driver's drive or car as the front part of the cargo vehicle.

Ultimately, the Defendant caused the victim to suffer from the 12th day of the left-hand side in need of approximately five weeks of medical treatment, and at the same time damaged the said Beu or car to the extent that the repair cost, such as the exchange of the preceding panions, is equivalent to KRW 5,245,711.

2. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the B-wing truck, which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph;

1. Inquiry into mandatory insurance;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes of E;

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts.

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