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(영문) 수원지방법원 안양지원 2013.07.17 2013고단347
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a Ray Ray.

At around 15:30 on February 16, 2013, the Defendant driven the above van and proceeded to the left right turn at the speed of 20 km from the side of the thale market to the right-hand turn at the speed of 20 km from the side of the thale market.

At all times, there was a duty of care to reduce the speed for those engaged in driving on the intersection without signal, etc., to properly manipulate the steering and steering system, and to prevent accidents by accurately manipulating the steering and operating the steering system.

Nevertheless, the defendant neglected to do so and found the victim E (at the age of 92) who was moving the way from the first pharmacy to the Twitter due to the negligence of the defendant's failure to do so, and the victim was shocked in the front part of the driver's seat of the defendant.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as sexual intercourse, which requires approximately 10 weeks of medical treatment.

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

At around 15:30 on February 16, 2013, the Defendant driven the said vehicle, which was not mandatory insurance, from around 800 meters to the front road of the same Kuyang-dong, Ansan-dong, Annyang-dong, Annyang-dong, Annyang-dong, Seoul-si, to the front road of the same Gu Park Jong-dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of E;

1. Application of statutes of the Mandatory Insurance Act and subordinate statutes to traffic accident reports, on-site photographs, diagnostic certificates, and mandatory insurance;

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 Guarantee of Automobile Accident Compensation Act (the point of not mandatory insurance and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 38 (2) and 50 of the same Act, as an aggravated punishment for concurrent crimes;

1. The Criminal Act, the suspension of execution;

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