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(영문) 대전지방법원 2021.02.04 2020고단4758
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a rocketing taxi in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On June 5, 2020, the Defendant driven the above vehicle at around 15:30 on June 15, 2020, and led to an error distance from the Daejeon Middle-gu to the sloping four-distance from the direction of the direction toward the direction of the direction.

At the same time, a crosswalk was installed, so in such a case, it was confirmed whether a person engaged in driving of a motor vehicle has a duty of care to reduce the speed and to see well the front door, and to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and followed the part of the victim C (V, 61)’s bridge, etc., which was the left side of the crosswalk from the right side of the marina course to the left side by his negligence, to the front side of the vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim, such as cutting the body and closing of a ductal aggregate, which requires approximately six weeks of medical treatment due to the above occupational negligence.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the Defendant operated B rocketing taxi that was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, investigation report and diagnosis report;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of causing bodily injury by occupational negligence, the choice of imprisonment without prison labor), Article 46(2)2 of the Guarantee of Automobile Compensation, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the occupation of a vehicle which is not mandatory insurance and the choice of imprisonment with prison labor);

1. Article 37 (former part of Article 37, Article 38 (1) 2, Article 38 (2), and Article 50 (Concurrent Punishment) of the Criminal Act.

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