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(영문) 서울북부지방법원 2016.11.22 2016고단3499
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of CA110E vehicles B.

The Defendant, at around 04:20 on May 26, 2016, was driving the two-wheeled vehicle, which was not covered by mandatory insurance, and was driving along the two-lanes between the five-lanes of the Dobong-gu Seoul Metropolitan Government, the intersection of the Dobong-gu, Dobong-gu, Seoul, along the Dobong-gu, from the Dobong-gu, to the Dobong-si.

At the time, since it is an intersection where a signal is installed at night and at that time, the defendant engaged in driving service has a duty of care to reduce the speed and to take the right and the right well, and to prevent the accident by driving safely in accordance with the traffic signals.

Nevertheless, the defendant neglected this and neglected to turn to the left even though the front-way vehicle signal is straighten, and the front part of the DX500 A-wheeled vehicle driven by the victim C(the age of 32) who was driving at a speed of 108 km/h or more at the speed of 5 km in the direction of the defendant's proceeding.

As a result, while driving the above-wheeled vehicle without mandatory insurance, the Defendant suffered by negligence in the course of performing the above duties the injury of the victim, such as the mouths at the bottom of the aggregate, accompanied by an inner slope, for about seven weeks of medical treatment, etc., and at the same time, damaged the damaged wheeled vehicle with an estimated repair cost of KRW 14,233,120.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. Mandatory insurance policies and mandatory insurance policies (A) and (B);

1. A written diagnosis and written estimate;

1. Comprehensive traffic accident analysis replies;

1. Investigation report (Investigation of the vehicle number of the vehicle involved);

1. Application of each statute on photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Punishment;

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