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(영문) 부산지방법원 2013.12.11 2013고단6294

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant is the owner of a two-wheeled motor vehicle that has no number plate 500cc or 500cc or a two-wheeled motor vehicle, and is engaged in driving.

1. On June 21, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act (unlicensed driving) driving the said two-wheeled vehicle without obtaining a Class II small license on June 21, 2013, and driving the said two-wheeled vehicle along the three-lane road in front of the Mzzz fire in the Seocho-gu Busan Metropolitan City along the direction of Busan mountain Station.

At the time, pedestrian crosswalks are installed at night, and in such cases, there was a duty of care to prevent accidents by driving a motor vehicle, considering whether there are pedestrians crossing the road by reducing the speed and driving a motor vehicle on the front side.

Nevertheless, the Defendant neglected this and found the victim C (70 years of age) who was crossing the above road on the right side from the left side of the motor vehicle driving of Madles, and operated the steering gear to the right side immediately in order to avoid this, but did not reach the right side, and had the victim go beyond the floor on the left side of the above two-wheeled motor vehicle.

Ultimately, the Defendant died due to the long-term damage, etc. on August 22, 2013, when the victim was receiving treatment at the D Hospital due to such occupational negligence.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said two-wheeled automobile, which was not covered by mandatory insurance, at the same time and place;

Summary of Evidence

1. Defendant's legal statement;

1. A comprehensive analysis of traffic accidents;

1. A traffic accident report;

1. Registers of driver's licenses;

1. A death diagnosis report and a written record of autopsy;

1. Application of investigation report (verification of engine displacement of a two-wheeled motor vehicle) statutes;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Code concerning criminal facts, the injury caused by occupational negligence.