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(영문) 대구지방법원 김천지원 2017.08.29 2017고단639
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act and is engaged in driving of a car.

On February 19, 2017, the Defendant driven the above car at around 19:05, and led to the progress of the 129km-dong Masan-dong, Masan-dong, Masan-dong, Seoul, to the Masan-do Masan-do Masan-dong, Seoul.

In such a case, a driver has a duty of care to care in advance by properly operating the steering and steering gear well, and by safely driving the steering and steering gear.

Nevertheless, the Defendant neglected to do so, due to his negligence, led the victim D(36 tax)'s front part of the vehicle of the Defendant, which was driven by the victim D(36 tax) and the Track Track Track Track Track Track Track Track, which was driven by the victim F(52 tax) while being pushed by the Track Track Track.

Ultimately, the Defendant suffered injury to the above victim D and the victim H (34) who was accompanied by the above victim D by the above victim's occupational negligence, respectively, for about two weeks of medical treatment, and at the same time, damaged the above Track's car, which is the victim H, by exchanging the above Track with the victim's Hack in order to amount to KRW 20,50,49 of repair cost. The above Hack's car, which is the victim I owned, was moved to the above G, which is the victim's Ha, and then damaged the repair cost of KRW 7,277,620 by exchange of the pans.

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 operated a motor vehicle by making it to C which is not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Report on the occurrence of a traffic accident, inspection report on actual condition, inquiry into mandatory insurance, and making inquiries into the difference of circumstances;

1. Each written diagnosis and written estimate 1.

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