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(영문) 대전지방법원 2018.10.11 2018고단2336
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving a car.

No person shall operate any motor vehicle not covered by mandatory insurance on a road.

On December 30, 2017, the Defendant driven the foregoing vehicle that was not covered by mandatory insurance at around 20:05, and led the Defendant to turn to the left from the direction of the police box that died on the road front of the D Mart located in Sejong City.

At the time, there was an error in the opposite direction, so that a person engaged in driving service has a duty of care to safely turn to the left by checking well the right and the right before left the left.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, and received the FCA1105 Orala, which was driven by the victim E (60) from the victim E, in front of the above vehicle.

As a result, the Defendant suffered injury, such as a 11 week therapy therapy, by occupational negligence, to the victim, and at the same time damaged the victim’s repair cost that cannot be ascertained.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereafter referred to as "occupational and de facto items"), Article 151 of the Road Traffic Act (hereafter referred to as "damage to Occupational Negligence"), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents between the offender and the offender in violation of the Road Traffic Act, and the punishment prescribed by the said Act);

1. Determination of imprisonment without prison labor and imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of elective Sentence;

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. Suspension of execution;

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