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(영문) 대구지방법원 김천지원 2018.03.28 2017고단958
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who drives a vehicle of QM3 without mandatory insurance.

On April 3, 2017, the Defendant driven the said car at around 09:53, and continued to drive the said car at the speed of 100km to 110km per hour, depending on the first lane from the intersection where the Dora high-tech factory located in 102, Gu, Si, Si, Gu, and Gu.

At this point, the speed limit is 60 km per hour, the center line is installed, the passage is cross-sections in the front direction, and the victim D(52 cc) and the victim D(52 cc turn to the left at the above intersection, so there was a duty of care to make the driver of the motor vehicle not capable of driving the motor vehicle in compliance with the speed limit.

In doing so, the Defendant neglected to do so and proceeds over the restricted speed, and was negligent in driving the said rocketing car running on the front line of the said QM3 car, leading to the front line of the said QM3 car, and received the front line on the left side of the said QM3 car, and was equipped with signal apparatus owned by the Gu and its front line in the front line.

As a result, the Defendant caused the victim to suffer injury, such as brain in need of treatment for about two weeks due to the above occupational negligence. At the same time, the Defendant destroyed the said rocketing car in KRW 5,952,692 to repair cost, and damaged the said signal in KRW 7,950,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident investigation report, on-site photograph of the accident, on-site photograph, and vehicle photograph;

1. Inquiry into mandatory insurance;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning criminal facts;

(a) Injury caused by occupational negligence: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

(b) Damage to automobiles, signals, etc.: Article 151 of the Road Traffic Act;

(c) Operation of automobiles which are not mandatory insurance: Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation;

1. The Commercial Concurrent Crimes Act.

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