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(영문) 광주지방법원 목포지원 2016.11.04 2016고단471
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 violating the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving service of CZYR;

On October 15, 2015, the Defendant driven the above 09:50 on the off-line, and led the Defendant to overtake the front side of the bus platform at a speed of 30 km from the right side to the west-gun, Yongnam-gun, the Defendant driven by the victim D (n, 70 years old) while driving the bus platform at a speed of 30 km from the right side to the west-gun.

The location of the road is narrow and there are three-way crossings in the front direction, so in such a case, there was a duty of care to safely overtake the road while reducing the speed as a person engaged in driving on the road, driving on the front direction, and taking well into account the surrounding circumstances.

Nevertheless, the defendant neglected this and proceeded to turn to the right at the above three-distance intersection due to the negligence of the defendant, and then received the part to the right side of the defendant.

As a result, the Defendant suffered pulvers from the victim due to the above occupational negligence, such as minculization of pulvers, including the right upper part, which requires treatment for about eight weeks.

2. The Defendant violated the Road Traffic Act, by negligence such as the date and time, place, and paragraph (1) of this Article, destroyed to the extent that there are approximately KRW 370,00 of repair cost, including the exchange of spathobs, as stated in paragraph (1) of this Article.

3. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant driven the ZEPHYR ZHYR in the date, place, etc. described in paragraph (1) that was not covered by mandatory insurance.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes of the de facto survey report, on-site photograph, diagnosis certificate, quotation, and mandatory insurance association (C);

1. Relevant legal provisions concerning criminal facts and special cases concerning the settlement of traffic accidents;

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