교통사고처리특례법위반(치사)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a non-registered clerical device.
1. On March 13, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) led the Defendant to proceed straightly from the direction of two parallel distance crossings in front of Gyeonggi Pyeong-gun C on a two-dimensional terminal.
Since there is an intersection where signal lights are installed, all drivers have a duty of care to safely proceed in accordance with the signals by checking well the left and right of the front.
그럼에도 피고인은 이를 게을리 한 채 적색 신호에 신호위반하여 그대로 직진한 과실로 마침 진행방향 우측에서 좌회전 신호에 좌회전 중인 D 운전의 E 메가 트럭 버큠 로 리 화물차량의 좌측면 부분을 오토바이의 앞 부분으로 충격하였다.
Defendant 1 got back to the left side of the cargo vehicle due to the foregoing accident, which led to the death of the victim F (M, 78 years old) who was the wife of the Defendant who was on board the back seat of the cargo vehicle, due to cerebral injury.
2. No driver of any motor vehicle who violates the Guarantee of Automobile Damage Compensation shall drive any motor vehicle on a road which is not mandatory insurance;
Nevertheless, the Defendant driven the above Obae, which was not covered by mandatory insurance at a section of approximately 200 meters from around 79-1 Mart to the place like the above paragraph (1), to the two Koreas in Yang-si, Yangyang-si, Gyeonggi-gu, Yangyang-si, Gyeonggi-do.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. A death certificate;
1. Protocol of inspection;
1. Application of Acts and subordinate statutes regarding mandatory insurance;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act; Article 46 (2) 2 of the Guarantee of Automobile Compensation Act; and the main sentence of Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;
1. The reasons for sentencing under Article 62(1) of the Criminal Act are their errors.