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(영문) 대구지방법원 2019.01.31 2018고단5611
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The defendant is a person who drives BTS erroneous land in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury)

At around 10:10 on June 6, 2018, the Defendant driven the above Oba, and proceeded ahead of the D Pharmacy in Daegu-gu C at a speed of 30km per hour from the e elementary school to the e-mail.

Since there is a crosswalk without signal lights, there was a duty of care to check whether a person engaged in driving service has a way to reduce the speed and to check the right and the right and the right of the road well and to drive safely.

Nevertheless, the defendant neglected this and followed the front part of the bicycle F (74 years old) that was going to the left by the victim F (74 years old), which was going to the left-hand side from the right-hand side of the defendant's running.

As a result, the Defendant suffered from an injury to the victim from an acute climatic climatic injury, which requires approximately six weeks of medical treatment by occupational negligence as above.

2. The owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall not operate an automobile on the road which is not covered by mandatory insurance;

The Defendant operated the GTS Austria, which did not subscribe to mandatory insurance, the front road of the D Pharmacy in Daegu-gu, Daegu-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report;

1. Mandatory insurance policies;

1. The scene of the accident and ozone photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of 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 operating automobiles which are not mandatory insurance, and

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 sentencing of Article 62(1) of the Criminal Act is suspended.

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