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(영문) 제주지방법원 2014.05.30 2013고단687
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On March 24, 2013, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) by driving a BM5 car at 00:49 on March 24, 2013, while driving a two-lane road at a point of 200 meters away from the right edge of the “near funeral hall” located in the front right edge of the Dong-Eup in the Jeju City, and driving the road at the right edge of the said funeral hall. At the time, the said road was a road at night and at the vicinity of the above funeral hall, and the road was 80km speed at the speed of the restriction speed. Therefore, due to the negligence of complying with the restriction speed and driving the road in a safe manner by neglecting the duty of care at a speed of about 110km at a speed near the central separation zone of the above road, the Victim C (the age of 56) who crossed the road to the right edge of the road to the direction of the vehicle in front of the Defendant, etc.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of BM5 car, and the said vehicle owner operated the said vehicle without mandatory insurance at the time and place specified in paragraph (1), despite the fact that the said vehicle owner, when another person’s property was destroyed or damaged due to the operation of the automobile, was subscribed to liability insurance or liability mutual aid, etc.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The application of Acts and subordinate statutes to a copy of the survey report on actual condition, the mandatory insurance policy (B), or a copy of the autopsy report;

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and Selection of Punishment: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating vehicles not covered by mandatory insurance). The provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents shall be applied to imprisonment without prison labor and the violation of

1. Aggravation of concurrent crimes: The scope of punishment as imprisonment with prison labor under the former part of Article 37, and Articles 38 (1) 2 and 38 (2) and 50 of the Criminal Act, and the maximum term of punishment;

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