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(영문) 광주지방법원 2021.02.04 2020고단1702
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

An application for remedy by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act is a person who is engaged in driving of a CPoter-II truck.

On March 22, 2020, the Defendant driven the above vehicle on the front side of Gwangju Northern-gu D on March 12, 2020, and turned back from E to F-section.

Since there are many houses that do not carry the traffic control, there are many vehicles that walk nearby the private distance intersection, in such a case, there was a duty of care to see the emergency, etc. to those engaged in driving of the vehicle and to safely check the front and rear side well.

In such a situation, the Defendant neglected to take care of this, and was in the custody of the Defendant on the right side of the victim B(31 years old) who was under the direct custody of the knife G middle school located in the knife G middle school as well as the knife of the knife.

Ultimately, the Defendant, due to the above occupational negligence, inflicted injury on the victim, such as salt, tensions, etc. in need of treatment for about two weeks, and at the same time, damaged the above low-speed car to be repaired in an amount equivalent to KRW 2,219,179, such as exchange of free-to-hand cars on the right.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Even so, Defendant 1 operated a Cpoter II cargo vehicle, which was not covered by mandatory insurance in approximately 10km section from the first road of Gwangju Northern-gu, Gwangju Metropolitan City to the front road of Gwangju Northern-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared B;

1. A traffic accident report;

1. A medical certificate;

1. Application of written estimates for automobile inspection and maintenance;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and de facto occupation), Article 151 of the Road Traffic Act (the point of damage to occupational and de facto property), Article 46(2)2 and Article 8 of the Guarantee of Compensation for Automobile Damages Act.

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