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(영문) 창원지방법원 통영지원 2016.04.08 2016고단142
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year 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 a Clearning car.

Around 1:40 on October 16, 2015, the Defendant: (a) driven the said car and got off the victim G (the 74 years old) who was going to go from the front side of the said car to the high speed of about 10km from the front side of the Eelan-gun, Gosung-gun at a speed of about 10km to the front side of the F pharmacy at the speed of about 10km; (b) due to occupational negligence, the Defendant neglected to perform the duty of the rear city at the speed of about 10km from the front side of the said car to the front side of the said car; (c) caused the victim G (the 74 years old) who was going to the front side of the said car to go off from the front side of the F pharmacy at a speed of about 8 weeks.

2. A person who violates the Guarantee of Automobile Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance, but the defendant has driven a motor vehicle as stated in paragraph (1) that is not covered by mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Each report on investigation;

1. Application of statutes on the details of purchase of actual condition survey reports, on-site photographs, diagnostic certificates, and mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of causing occupational negligence, selection of imprisonment without prison labor), Article 46(2)2, and Article 8 of the Guarantee of Automobile Compensation Act (the occupation of operating vehicles which are not mandatory insurance, and selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Grounds for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the following grounds for sentencing)

1. Where a person does not carry mandatory insurance in the basic area (from April to October) of the type of traffic accident in the scope of the recommended punishment according to the sentencing criteria, the basic area (from April to October): Not to set the sentencing criteria; and

2. Sentencing factors that are disadvantageous to the determination of sentence: The instant crime was committed while driving without mandatory insurance.

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