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(영문) 서울북부지방법원 2017.01.17 2016고단4199
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 29, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (hereinafter referred to as “C”), driving a non-registered bicycle with no mandatory insurance policy, and driving a two-lane road in front of the “C” located in the Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, along the two-lane road from the dong-gu Hospital to the west left.

Since there is a place where the center line of yellow solid lines is installed, the driver had a duty of care to safely drive the car and prevent the accident in advance by safely driving the car.

Nevertheless, the Defendant neglected to do so and proceeded to the left at the center line, and got the front wheels of the EVS125 motor bicycle driven by the injured party D (47 cm) who was driving in three-lanes of the opposite direction, and received the front wheels of the EVS125 motor bicycle as the front wheels of the motor bicycle driving machine.

As a result, the Defendant suffered the victim’s knee kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free knicking

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 a two-wheeled automobile without registration, which was not covered by mandatory insurance, at the time and place described in the above paragraph 1, as described in the foregoing paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A survey report on actual conditions;

1. Written estimate and written diagnosis;

1. Application of Acts and subordinate statutes to notify an unqualified motor vehicle;

1. Article 3(1) and the proviso of Article 3(2) 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 concerning criminal facts.

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