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(영문) 의정부지방법원 고양지원 2015.05.28 2014고단3120
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act and the Defendant are those engaged in the driving of Crain Vehicles.

On October 4, 2014, around 10:35, the Defendant moved the two-lanes of the two-lanes of the E station located in Yongsan-gu, Seoyang-gu, Seoyang-si into the direction of the sub-line moving, and proceeded at about 20km in speed according to the two-lanes, and changed the course into one-lane.

In such a case, the driver had a duty of care to safely drive the vehicle by preventing the collision with the vehicle that proceeds from another vehicle vehicle in advance by pre-working direction, etc. in advance, giving prior notice of change of course, and taking into account the traffic conditions of the front and rear left.

Nevertheless, the Defendant neglected this and neglected to change the vehicle line into one lane as it is, and thereby, got the victim F(F) who was in the same direction as the Defendant at the same one lane, and was driven by Gsch Rexroth car driving at the same direction as the Defendant, into the left side of the Defendant’s car.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and at the same time damaged the victim’s car in an amount equivalent to KRW 9,566,755.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated a rash car without mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the occurrence of a traffic accident of F;

1. The actual survey report on traffic accidents;

1. A medical certificate with respect to F;

1. Destruction of an accident site and a vehicle;

1. Written estimate;

1. Application of Acts and subordinate statutes on the mandatory insurance screen;

1. Article 3(1) 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 46(2) of the Guarantee of Automobile Accident Compensation Act concerning criminal facts.

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