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(영문) 대구지방법원 2016.05.19 2015고단1495
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of the CKan vehicle owned by B.

On January 17, 2015, the Defendant driving the said vehicle without a mandatory insurance without a driver’s license of a motor vehicle on January 17, 2015, and driving it in the direction of a short intersection between the two lanes in the front D of Yongcheon City along the two lanes in the direction of a teaching intersection, and changed the lane into one lane.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering gear and devices of the motor vehicle.

Nevertheless, the Defendant did not confirm the progress of the vehicle running in one lane without automatically changing the lane. The Defendant got the front part of the victim E (n.e., 67 years old) driving vehicle driving in the same direction into the left part of the said car, and suffered injury, such as about 6 and 7 weeks of medical treatment for the victim, and at the same time, damaged the said car in a way that approximately 2,579,091 won of repairing the said car.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Investigative into the driver's license ledger and mandatory insurance;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, Article 46(2)2 and Article 8 of the Guarantee of Compensation for Motor Vehicle Damages Act (the operation of a motor vehicle with no mandatory insurance) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended punishment according to the sentencing guidelines [the punishment for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents];

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