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(영문) 울산지방법원 2020.08.20 2019고단3845
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving of a vehicle B high-priced car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Road Traffic Act, and the Road Traffic Act.

On August 8, 2019, the Defendant driven the said car without a driver's license on August 8, 2019, and led to the driving of the said car on the front of the D cafeteria in Yangsan City to Egyna.

Since there is no signal signal, the driver of the motor vehicle has a duty of care to prevent the accident by safely driving the motor vehicle after checking the traffic situation and the left and right of the driver of the motor vehicle.

그럼에도 불구하고 피고인은 이를 게을리 한 채 그대로 진행한 과실로 때마침 삼호동 쪽에서 F병원 쪽으로 진행하던 피해자 G(58세)이 운전하는 자전거를 피고인이 운전하는 승용차의 앞범퍼 부분으로 들이받고, 그 충격으로 위 자전거가 튕겨나가 도로에 주차중인 피해자 H 소유의 I 프라이드 승용차의 오른쪽 뒤 펜더 부분을 들이받게 하였다.

As a result, the Defendant suffered injury to the victim G due to the above occupational negligence during approximately eight weeks of medical treatment, such as an unknown closure frame at the bottom of the aggregate in need of medical treatment. At the same time, the Defendant destroyed the above bicycle to the extent that the repair cost cannot be known, and the repair cost was damaged to the extent that the above repair cost was 697,605 won.

2. The Defendant of the Guarantee of Automobile Accident Compensation Act, as a holder of a passenger car with B low-est car, operated the said car without mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Actual condition survey report, general medical certificate, and vehicle estimate;

1. Application of the ledger of driver's licenses and mandatory insurance statutes;

1. Article 3(1), proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts shall be injured by occupational negligence.

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