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(영문) 대전지방법원 서산지원 2014.06.20 2014고단368
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act and is engaged in driving a vehicle by borrowing;

On March 25, 2014, the defendant operated the above car on March 25, 2014, and proceeded with the 77th national road segmented in the Sinan-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, the party branch of the Dong-do.

Since there is a road with a center line of yellow solid lines, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle according to the lane rather than the center line.

Nevertheless, the Defendant neglected this and stopped the car at the center and operated it on the road, and operated it on the street, and operated it on the part of the victim C(22 years old) driver's driving, which was proceeding on the part facing the direction of the Defendant's driving, the front part of the victim C(22 years old) driver's driving, which was driving the car on the right side of the car, was moved into the front part of the above car.

Ultimately, the Defendant caused injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about three weeks, due to such occupational negligence, and at the same time damaged the car of the said siren to be repaired in an amount equivalent to KRW 27,208,158.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, which operated a car without mandatory insurance, at the time and place specified in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. C's written statement related to traffic accidents;

1. A traffic accident report;

1. A medical certificate;

1. Written estimate of the cost of underwriting insurance;

1. Mandatory insurance policies;

1. Application of the statutes governing traffic accident-related photographs;

1. Article 3(1) and the proviso of Article 3(2)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 and Article 151 of the Road Traffic Act concerning criminal facts, the fact that property is damaged by occupational negligence, and the imprisonment without prison labor.

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