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(영문) 인천지방법원 2014.07.02 2013고단6985

교통사고처리특례법위반등

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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 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a set of vehicles E.

On July 16, 2013, the Defendant driven the above vehicle on July 22:15, 2013, and proceeded at a speed of about 56 km from the 2-lane to the 2-lane of the 3-lane between the 50-6-6 hot water care center in the territory of the city of Nam-gu, Incheon.

At the time, there is a duty of care to reduce speed and to prevent accidents by driving safely by checking well the right and the right of the front side of the vehicle driving service at night and in such a situation, the driver of the vehicle had a duty of care to prevent accidents.

Nevertheless, the defendant neglected to do so and neglected to do so, and caused the victim F(40 years of age) who illegally crosses the vehicle to the right side from the left side of the running direction of the defendant in the case of the defendant's vehicle to the left side of the above vehicle.

Ultimately, around July 16, 2013, around 23:01, the Defendant caused the death of the victim in the emergency room of the He Hospital located in the Nam-gu Incheon Metropolitan City, Nam-gu, by occupational negligence.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the car without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to I and J;

1. Notification of the results of mandatory insurance inquiries, Bable CDs, and traffic accident analysis;

1. Application of statutes on site map and photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by 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 Motor Vehicle Accident Compensation Act (the point of operating motor vehicles which are not mandatory insurance, and the choice

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;