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(영문) 부산지방법원 2015.02.06 2014고단8758
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving freight B.

Around 12:40 on September 5, 2014, the Defendant driven the above-mentioned vehicle and proceeded ahead of the Hamart which is located in the alley-dong of the Busan Young-do, with the direction from the Hamart to the 20km speed.

In this case, a person engaged in driving of a motor vehicle has a duty of care to reduce speed and to safely make a right-hand turn by checking well the right-hand hand.

Nevertheless, the Defendant neglected this and led the Defendant to the right side of the cargo vehicle of the Defendant, and caused the victim to go beyond the road by shocking the hand shoulder of the victim C(IS, 72 years of age) who was walking, leading the Defendant to the right side of the truck.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting the frame and closing of the area of the Mad-Jung River in need of approximately 12 weeks of medical treatment.

2. No automobile which is not subscribed to the mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, shall be operated on a road;

Nevertheless, the Defendant operated the freight truck that was not covered by mandatory insurance at the same time and place as above.

Summary of Evidence

1. Defendant's legal statement;

1. Application of medical certificates and mandatory insurance-related Acts and subordinate statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46 (2) and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Selection of punishment by imprisonment without prison labor and imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act (within the scope of a prison term aggregating organs);

1. Article 62 (1) of the Criminal Act;

1. The vehicles of which the Defendant was not insured by mandatory insurance, under Article 62-2 of the Criminal Act.

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