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(영문) 춘천지방법원 원주지원 2018.04.19 2017고단1273
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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. On October 23, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (hereinafter “Road Traffic Act”), driving a bicycle without registration 125 c motors device, and driving the door-to-door intersection in front of the door-to-door in the original city, with the door-to-door intersection from the front apartment door.

Since there is an intersection where traffic control takes place, the defendant has a duty of care to drive safely pursuant to the new subparagraph, the defendant was negligent in failing to do so and due to occupational negligence that the defendant violated the signal and enters the intersection. The defendant took the left side of the victim C(39 years old)'s driving under the normal signals from the right side of the defendant's driving direction into the front part of the motor bicycle. The victim D(23 years old) who took advantage of the above bicycle for about six weeks to the victim D(23 years old) who took advantage of the motor bicycle, suffered from the injury of the motor vehicle's passenger E(36 years old), such as each disturbance, which requires treatment for about two weeks, as well as the injury of the victim D(23 years old) who took advantage of the above bicycle for about two weeks, and at the same time suffered from the victim E(36 years old) who is a passenger, the repair cost, 315 years old, 41, 215 won.

2. The Defendant violated the Guarantee of Automobile Compensation Act, who operated a bicycle without having bought mandatory insurance at the above time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a written request for motor vehicle parts and payments, a written estimate for insurance repair costs, and a written request for automobile parts costs;

1. Each written diagnosis;

1. Investigation report (net 20);

1. Application of accident video CD-related Acts and subordinate statutes

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46(2)2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The alternative imprisonment without prison labor shall be sentenced and sentenced;

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