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(영문) 서울남부지방법원 2017.04.13 2017고단170
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant violates the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a freight vehicle B in the wing-on truck.

On November 17, 2016, at around 14:55, the Defendant changed the lane to one lane, where the two-lane road in front of Geumcheon-gu Seoul Metropolitan Government is running at a speed of about 20 km in Si speed depending on two-lanes from the remote distance of bank trees to the remote distance of city.

At the time, there was a person crossing the road on the front side, so in such a case, the person engaged in driving service has a duty of care to check and proceed with the safety of the course by checking well the right and the right of the front side.

Nevertheless, while the defendant neglected this and went through a two-lane, the defendant found the victim D who crosses the above road from the right side to the left side, and did not get out of it, and caused the damage to the front driver of the defendant's vehicle to go beyond the road.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as 12 weeks of injury, cerebral cerebral cerebral dystrophy, etc.

2. On the same date and time as in the preceding paragraph, the Defendant operated the said cargo vehicle without mandatory insurance at approximately approximately 2.2 km section from the front to the 891 front road of Geumcheon-gu Seoul Metropolitan Government Telecommunications Bureau, Geumcheon-gu, Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report;

1. Medical certificate, request for cooperation in investigation, and report on investigation (verification of damage);

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Relevant provisions of Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of causing occupational negligence, selection of imprisonment without prison labor), Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the occupation of operating automobiles which are not mandatory insurance, the choice of imprisonment with prison labor) concerning criminal facts;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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