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(영문) 수원지방법원 2014.05.22 2014고단738
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four 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. On October 29, 2013, the Defendant, who violated the Guarantee of Automobile Accident Compensation Act, was a holder of a two-wheeled motor vehicle (49c), who was not registered as a holder of a two-wheeled vehicle (49c), operated the two-wheeled vehicle, which was not covered by mandatory insurance on the road front of the North-dong, Suwon-gu, Suwon-si.

2. On October 29, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, driving a two-lane of the said two-wheeled vehicle on October 13, 2013, and driving the two-lanes in front of the said two-laned road from the front side of the arms to the uneasible side of the front door, and the Defendant neglected to comply with the duty to observe signals, and met the victim C (n, 64 years old) who crosses the said road from the urban bus to the left side of the said two-wheeled vehicle.

As a result, the Defendant suffered from the above occupational negligence that requires approximately four weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Selection of each sentence of imprisonment with prison labor (to be chosen by imprisonment with prison labor in consideration of the fact that the defendant is the first offender, the injury suffered by the victim is not minor, and the vehicle operated by the defendant is not covered by mandatory insurance);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (see, e.g., reflective points, initial charges, etc.);

1. Article 62-2 (1) of the Criminal Act regarding community service order;

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