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(영문) 대구지방법원 상주지원 2016.12.13 2016고단24
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the violation of the Road Traffic Act are those who are engaged in driving of the B Eth Motor Vehicles;

On October 19, 2015, the Defendant driven the above car at around 18:50, and proceeded to the 28th national highway Do, which was prior to the entrance of fish 1sta village, into a towing land, at the speed of about 60 km from the Myeon of Yacheon-gu to the Myeon of Gancheon-do.

At night, he was a one-lane road, and thus, the driver had the duty of care to maintain the safety distance with the vehicle as well as to safely operate the steering and operating the steering gear by accurately manipulating the steering and operating the steering gear.

Nevertheless, the Defendant neglected to do so and tried to see the part of the Defendant's vehicle loaded onto the driver's vehicle that the injured party C (the age of 65) was driving in the same direction at the front of the passenger vehicle.

As a result, the Defendant: (a) by occupational negligence, inflicted injury on the above C, such as an injury on blood transfusion, etc. on the part of the victim D (here, 59 years old) who was on the part of the said c, requiring approximately 8 weeks of medical treatment; (b) suffered injury such as a thirrest, climatic salt, etc. in need of approximately 2 weeks of medical treatment; and (c) damaged the victim E (e.g., the said C owner) who was on the said c owner to receive approximately 1,050,000 repair expenses, such as loading and repairing the c owner.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of the business motor vehicle as set forth in the above 1.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the said automobile, which was not covered by mandatory insurance, at the time and place mentioned in the above 1. Paragraph (1).

Summary of Evidence

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