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(영문) 대전지방법원 2013.10.25 2013고단2543
교통사고처리특례법위반등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 27, 2013, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”), driving a CITI 100 Obane without a license plate on June 27, 2013, and driving a two-lane road in front of the Seo-gu Daejeon, Seo-gu, Seo-gu, Daejeon along the two-lane road from the 4-lane distance parallel to the ebdo from the ring-dong.

On the other hand, the defendant, who is engaged in driving service, had a crosswalk on which signal lights were installed, had a duty of care to check whether he was a person to reduce the speed of the signal and to prevent the accident by safely driving the signal in accordance with the new code, and due to the negligence of disregarding that the vehicle signal is a stop signal, he found the victim C (n, 61 years of age) who cross the crosswalk to the port from the right side of the crosswalk in accordance with the new code of pedestrians, but did not avoid the situation, and caused the victim to go beyond the ground by receiving the victim from the front part of the land for about 8 weeks, resulting in the victim's injury, such as cutting off the 3rd part of L3rd part in need of medical treatment.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, which was a two-wheeled automobile not covered by mandatory insurance at the above time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to notify the use of a medical certificate or report of two-wheeled motor vehicle;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (1) and Article 3 (2) 16 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the scope of applicable sentences) [the scope of applicable sentences] from one month to five years from imprisonment without prison labor (a special person) - the purpose of restoring damage to mitigation factors.

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