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(영문) 울산지방법원 2014.10.02 2014고단1822
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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 is a person engaged in driving CINO125 Oba.

On April 22, 2014, at around 06:45, the Defendant driven the above 06:45, and driven the road of three lanes in front of the southwest-gu Northwest-dong, Ulsan Metropolitan City along three lanes from the upper radiation distance to the square of No. 29.

In such cases, the driver of the motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle in a safe way to live well.

Nevertheless, the Defendant neglected that, while crossing the road to port from the right side of the Defendant’s course due to negligence, the Defendant did not find out the victim D (M, 63 years old) who was returning back to the right side of the Defendant’s course, after the pedestrian signal has been changed to the stop signal, and turned back to the ground by receiving the victim from the front side of the Defendant’s ozone part.

As a result, the Defendant suffered injury, such as 10 weeks of medical treatment from the victim due to the above occupational negligence, she suffered from the injury of the victim, such as flasium and flasium abandonment.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of CINO125 OE.

Despite the fact that a motor vehicle not covered by mandatory insurance is prohibited from being operated on the road, the defendant was driving the motor vehicle on the road, which is not covered by mandatory insurance at the same time and place as referred to in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a actual condition survey report, and on-site photographs;

1. Inquiry into the enemy;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the same Act;

1. Of concurrent crimes, the punishment of the former part of Article 37, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act is heavier;

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