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(영문) 춘천지방법원 2012.04.17 2012고단121
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On November 26, 201, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, at around 17:40 on November 26, 201, operated a car with Cgallon C gallon, leading to approximately 451 local highways in front of the 451 local highways in front of the Yacheon-gun, Hongcheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do, which was located in the answer wind.

There was a duty of care to prevent accidents due to the following reasons: a person engaged in driving service has a thorough view on the front door, and due speed or stopping according to traffic conditions, etc.

Nevertheless, the defendant neglected this and found the victim D (58 years of age, female) who was moving to the right side from the left side of the progress direction by negligence, and received the victim's humba part before the left side of the said car.

As a consequence, the defendant suffered approximately eight weeks of treatment from the victim, such as the cutting of the inside and floor of the victim.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of Cgallon car.

The Defendant operated the said car without purchasing a mandatory insurance policy at approximately 25 km section from the upper south of the Hannam-gun of the Gangwon-do Seoul Special Metropolitan City, to the place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. The actual condition survey report;

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

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) and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Of concurrent crimes, there are no points to consider the reasons for sentencing under the former part of Article 37, Article 38(1)2, Article 38(2), and Article 50 of the Criminal Act, including the fact that there is no criminal conviction for the defendant, and that there is a negligence crossing the victim without permission. However, the victim is the instant case.

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