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(영문) 전주지방법원 남원지원 2013.09.03 2013고단133
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four 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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the violation of the Road Traffic Act are those who are engaged in driving vehicles of CRaba and cargo vehicles;

On March 23, 2013, at around 10:05, the Defendant parked the above cargo at the front parking lot of the Donbuk-gun, the Donbuk-gun, the North Korean Peninsula, which is located in the territorial waters of the Dondong-gun, but came to the right turn to the opposite lane in order to drive it into the ethical ethic surface.

Since there are many national highways and side roads annexed thereto, the vehicle traffic is to be crossinged, the defendant engaged in driving service is driving while driving at the right and the right and the right of the road. When there is a vehicle running along the original vehicle line, the vehicle has a duty of care to safely drive the vehicle and prevent the accident in advance by driving it safely by allowing the vehicle to yield the course to the vehicle and entering the main vehicle line.

Nevertheless, the Defendant neglected this and led to the failure of the Defendant to walk on the road to the right side from the left side of the running direction of the victim D (28 years old) driving, which was driving on the right side of the Defendant, has shocked with the front part of the two-wheeled vehicle in front of the right side of the vehicle of the Defendant driving.

Ultimately, the Defendant caused injury to the victim, such as cutting down the right frame, which requires approximately seven weeks of treatment due to such occupational negligence, and at the same time damaged the victim’s two-wheeled vehicle to have approximately KRW 15,505,00 in repair cost.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) drive CF cars not covered by mandatory insurance at the same time and place as the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. The actual condition of traffic accidents;

1. A medical certificate (D);

1. Written estimate;

1. Application of Acts and subordinate statutes to investigation report;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts, and Article 268 of the Criminal Act.

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