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(영문) 수원지방법원 성남지원 2017.02.07 2016고단3446
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

The defendant is a holder of B SCot 110 Es.

No automobile which is not covered by mandatory insurance shall be operated on a road.

On July 12, 2016, the Defendant driven the above vehicle at around 21:15, while driving the vehicle at around 21:15, the Defendant: (a) caused the victim D (74 years old) who illegally crossed the vehicle from the right side of the Defendant to the left side, due to the Defendant’s failure to perform the obligation of the Jeonnam Fire Station at the center of the central market, while driving the one-lane of the two-lanes in front of the Sinnam-si, Sin-si, Sinnam-si; (b) caused the Defendant’s injury to the victim, such as the flag, which requires approximately 12 weeks medical treatment; and (c) operated the said two-wheeled vehicle on the road without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each traffic accident report, traffic accident report, on-site drug map, each photograph, inquiry into mandatory insurance, and medical certificate;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal 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. Selection of imprisonment without prison labor or imprisonment without prison labor;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the same Act (the punishment shall be aggravated for concurrent crimes with punishment prescribed in the Act on Special Cases concerning the Settlement of Traffic Accidents, the number of concurrent crimes subject to which punishment is heavier, but shall be punished by imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The court shall issue a suspended sentence and the observation of protection, etc. in consideration of the circumstances under which the sentencing under Article 62-2 of the Social Services Criminal Act is to be taken into account in the course of an accident, such as the protection and observation, and the unauthorized crossing of the victim, and the fact that the victim currently is receiving medical treatment as an accident insurance for an non-insurance vehicle covered by the victim, and the expenses of the defendant

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