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(영문) 광주지방법원 순천지원 2018.05.24 2018고단103
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is the driver of a freight vehicle B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act;

On December 15, 2017, the Defendant driven the above vehicle at around 18:45 on December 15, 2017, and driven the front of the D-C road at the south of the East west City toward the luminous luminous from the T-C.

At this point, it is the one-way road where the center line of yellow-ray is installed. In such a case, the driver of the motor vehicle has a duty of care to thoroughly string the front and to safely drive the motor vehicle in good faith.

Nevertheless, the Defendant neglected to do so and led the part on the left-hand side of the front driver's vehicle of the Defendant E(35) driving of the Victim E(35) driving, which was going on the opposite mast by the negligence of breaking the center line, to the left-hand side of the front driver's vehicle.

As a result, the Defendant by occupational negligence inflicted injury on the victim E, such as salt, tensions, etc., in need of approximately two weeks of medical treatment, and inflicted injury on the victim G (V, 40 years of age) who is the passenger of the victimized vehicle, on the brain-dead, etc., which requires approximately two weeks of medical treatment. At the same time, the Defendant damaged the damaged vehicle so that 12,234,000 won of repair costs, such as the exchange of pan-viers, etc., can be included.

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;

Nevertheless, the Defendant operated B Poter freight cars which were not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. A survey report on actual conditions;

1. Each written diagnosis and written estimate;

1. On-site photographs of traffic accidents;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 3(1) of the relevant 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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