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(영문) 광주지방법원 해남지원 2018.11.29 2018고단285
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the defendant shall be sentenced to the above punishment for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a freight vehicle B and is in breach of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On April 5, 2018, the Defendant, around 18:55, proceeded one lane in front of DKap, located in the Southern Navy C, Namnam-gun, in the direction of the parallel distance from E to the parallel distance from E.m.

At the same time, there are commercial buildings on both sides of the road, which have frequent traffic of pedestrians, and thus, a person engaged in driving a motor vehicle has the duty of care to see the right and the right and the right of the road, and to prevent accidents by accurately manipulating the brake system.

In addition, the victim F (36 years) did not cross the road, and by negligence did not go to the right side of the road, the victim who crossed the road from the right side of the course to the left side of the vehicle was received as the front side of the vehicle.

As a result, the Defendant suffered damages to the victim in the above occupational course and room, such as the uncertainty of the heart in which there is no open room within the chest River requiring approximately four weeks of treatment.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any automobile which is not covered by mandatory insurance;

However, around April 5, 2018, the Defendant operated B string freight cars not covered by mandatory insurance at approximately 200 meters away from the 200-meter portion of the road front of the D Kap in front of the Eart located in the Southern-gun G on the roads in front of the Mat in the Southern-gun G.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site photographs;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes of a medical certificate;

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 occupation and loss of duties, selection of imprisonment without prison labor), Article 46(2)2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 (the occupation of operation of a vehicle which is not mandatory insurance, the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Code, and Article 38.

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