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(영문) 서울남부지방법원 2013.11.06 2013고단3199
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four 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 student in the third year of B High School, and is a person who is engaged in driving of a motor vehicle of lurged C.

1. On August 21, 2013, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”), driving the said vehicle at around 02:50, and driving the said vehicle along one-lane between the two-lanes in the direction of bank tree shooting distance at the seat of the Gu telephone station, Geumcheon-gu Seoul Metropolitan Government, along the crosswalk on which a signal, etc. is installed in front of 1019-2.

Since a pedestrian crossing where signal lights are installed, the driver has a duty of care to stop the accident according to the intention that the signal apparatus is instructed by the front-time signal apparatus and prevent the accident.

Nevertheless, due to the negligence that the Defendant driven along the crosswalk in contravention of the signal, the Defendant shocked the part of the bridge of the victim D (the age of 51) to the left side of the direction of the road along the crosswalk, depending on green walking, into the right side of the road.

Ultimately, the Defendant caused the victim to suffer injury, such as the 12 scarke, which requires the victim to receive approximately eight weeks of medical treatment due to such occupational negligence.

2. No owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall operate an automobile not covered by mandatory insurance;

Nevertheless, the Defendant owned the said car and operated the said car without purchasing mandatory insurance at the same time and place as above.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents (report on actual condition), (1) and (2);

1. Statement on the occurrence of each traffic accident;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports ( reply to inquiry into the fact of insurance coverage);

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

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