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(영문) 의정부지방법원 고양지원 2014.10.24 2014고단1611
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor 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

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaged in driving of C-A-hurd passenger vehicles.

On June 16, 2014, the Defendant driven the above car at around 05:49, and made the left turn to the left at the front of the oil industry complex from the front side of the court and the front side of the oil real estate located at the Seosan-Eup's 262.6.

There are three-distance crossings where no signal, etc. is installed, and in such cases, there was a duty of care to make a left-hand turn after checking the right and left-hand turn prior to the left-hand turn to a person engaged in driving of a motor vehicle and checking the safety of course.

Nevertheless, the defendant neglected this and neglected to turn to the left, and caused the victim D (74 years old) who was in front of the real estate in front of the last day of the passenger car to go to the ground.

Ultimately, the Defendant suffered injury, such as a closed duplicating duplicating, including four or more lupages necessary for the victim to receive approximately six weeks of medical treatment due to the above occupational negligence.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a driver of a C-A-A-hurd vehicle.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the said automobile without purchasing mandatory insurance at the date, time, and place mentioned in paragraph (1) above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. Reports on traffic accidents, application of each mandatory insurance policy, and medical certificate to Acts and subordinate statutes;

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, Article 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating cars which are not mandatory insurance, the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 and (2) of the Criminal Act are applicable.

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