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(영문) 대구지방법원 김천지원 2016.06.09 2016고단305
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act is a person who is engaged in driving a cargo vehicle under Bribe;

On December 29, 2015, the Defendant driven the above cargo vehicle around 10:30 on December 29, 2015, and led to the way from the west to the Masan-ri.

At this point, there was a center line, and in the same direction as C drivers are driving the D Poter in the same direction as C drivers, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to thoroughly operate the front-way and the operation of the brake and the steering gear in a correct manner while driving the motor vehicle along the central line.

However, the Defendant neglected to do so and went beyond the median line to overtake over the said cargo vehicle, and went by right from the office on the left side of the Geum Construction Site in the direction of the course of the course of the course to the road of the Defendant E(56) driving of the victim E(56) who enters the road of the course of the vehicle of the Defendant, received the part on the top side of the left side of the Defendant’s vehicle.

Ultimately, Defendant 1 suffered from the victim’s occupational negligence the left-hand straws and alleys in need of approximately four weeks’ treatment, and at the same time damaged the above straws car equivalent to the market price of KRW 11 million.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act operated the freight vehicle in the foregoing rier, which was not covered by mandatory insurance, at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The report (1) (1) on a traffic accident, the report on a traffic accident (2) (2) (3) and on-site photographs;

1. Medical certificates (E);

1. A certificate of automobile-scrapping;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to report on investigation (scrapping of damaged vehicles and verification of their market price);

1. Relevant legal provisions concerning criminal facts;

A. The injury caused by occupational negligence: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the Criminal Act.

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