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A defendant shall be punished by imprisonment for six 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 vehicle B in the Do.
around 23:00 on March 10, 2016, the Defendant came to turn to the left from the first apartment house located in the Yeongdeungpo-gu Seoul National Assembly, the 29-gu Seoul National Assembly, to the road outside apartment.
In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so that the driver of a motor vehicle has a duty of care to prevent accidents in advance.
Nevertheless, the defendant did not discover the victim C(71 tax) due to negligence and did not see the victim C(71) and served as the front wheels of the said car.
As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the influence of the right-hand spons, which requires approximately six weeks of treatment.
2. No person who violates the Guarantee of Automobile Compensation for Loss shall operate a passenger car which has not been covered by mandatory insurance;
Nevertheless, the Defendant operated a passenger car in Bn Do with mandatory insurance at the date, time, place, and place under Paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement on the occurrence of each traffic accident;
1. Application of Acts and subordinate statutes regarding traffic accident reports, on-site photographs, diagnostic certificates, and mandatory insurance inquiries;
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 and actual occupation, selection of imprisonment without prison labor), Article 46(2)2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 (the occupation of operating automobiles which are not mandatory insurance, the choice 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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: The first offender;
0. Unfavorable circumstances: The degree of injury of the victim is not less severe, but mandatory insurance is not also covered.