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(영문) 서울동부지방법원 2015.01.15 2014고단2850
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment 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. On July 27, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, who is engaged in driving of Bmotor bicycles, driven the above motorcycle on the road in front of the Central Lower-ro apartment in Seongdong-gu Seoul, and crossing the above road on the front side of Samsung Az apartment, along with the crosswalks installed in front of Samsung Az apartment in front of the Central Lower-ro apartment in Seongdong-gu, Seoul, to cross the said road on the front side of Samsung Az apartment, the Defendant did not disembark the front side of the bicycle on the bicycle without looking well, and driven the above motorcycle on the front side of the pedestrian stop signals, and caused the victim C driver’s DNA driving, who driven the said crosswalk on the front side of the Defendant’s motorcycle due to the occupational negligence crossinging the said crosswalk, from a pilot distance.

Ultimately, the Defendant suffered injury to the victim, such as the left-hand fluoral fluor, which requires approximately seven weeks of treatment due to such occupational negligence.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any vehicle on a road unless he/she purchases mandatory insurance;

Nevertheless, the Defendant operated B motorcycles owned by the Defendant, which did not purchase mandatory insurance at the time and place mentioned in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Reports on traffic accidents, mandatory insurance, and investigation reports (victim's telephone investigation);

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Selection of a sentence of imprisonment without prison labor (violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Market)

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

1. The scope of the suspended sentence under Article 62(1) of the Criminal Act shall be the applicable sentencing of the Act.

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