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(영문) 춘천지방법원 강릉지원 2019.03.08 2018고단1365
교통사고처리특례법위반(치상)등
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and violation of the Road Traffic Act (hereinafter “Road Traffic Act”) are those who are engaged in driving cars of bareboat cargo

On November 6, 2018, at around 10:30, the Defendant driven the above cargo vehicle, and made a turn to the left at the Solol site while driving the 84-ri (private distance) intersection from the entrance of the C University via the two-lanes from the entrance of the C University, the Defendant proceeded along the two-lanes from the entrance of the C University.

Since there is a long distance intersection where signal lights are installed, there was a duty of care to safely drive the driver in accordance with the signals by reducing the speed and by properly examining the right and the right of the driver.

Nevertheless, the defendant's negligence that left the left even though he was a straight-line signal, and the part of the victim D (the 45-year-old) driving, which was under way in accordance with the go signal, was shocked into the right part of the defendant's cargo vehicle back to the right part.

Ultimately, the Defendant, by such occupational negligence as above, sustained injury to the victim F, who was on board the victim D and the damaged vehicle (the age of 39) by causing approximately two weeks of injury to the victim F, who was on board the victim D and the damaged vehicle, and at the same time, damaged the victim D's automobile by having the repair cost of KRW 13,596,045, such as the exchange of the preceding spread, to cover KRW 13,596,045.

2. The Defendant, in violation of the Guarantee of Automobile Accident Compensation Act, is the owner of a cargo vehicle B.

The Defendant operated the freight truck that was not covered by mandatory insurance at the same time and at the same place as paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Reports on the occurrence of traffic accidents and reports on traffic accidents;

1. Mandatory insurance policies;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes concerning field photographs and motion picture images of damaged vehicles;

1. Duties under Article 3(1) and the proviso of Article 3(2)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 concerning criminal facts.

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