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(영문) 의정부지방법원 고양지원 2015.08.28 2015고단1328

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years 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 who is engaged in driving the Clearning Passenger Vehicles.

On May 11, 2015, the Defendant driven the above car at around 00:40, and driven the front road of the Green Cross at the Sguridong-gu, Yongsan-gu, Yongsan-gu, Seoyang-gu, Seoyang-si, in order to drive the above car at a one-lane of the two-lanes of the wall section from the wall protection to the Sung-dong.

Since there is an intersection where a pedestrian signal, etc. is installed, in such a case, the driver has a duty of care to ensure that a person engaged in the driving of a motor vehicle complies with the vehicle signal of the front side and properly manipulates the steering direction and the brake system of the crosswalk, etc., and to prevent the accident from occurring.

Nevertheless, the Defendant neglected to drive a stroke while disregarding the stop signal of the front side by neglecting the stop signal of the front side and by neglecting it, received the part of the victim D (the age 41) who walked the above crosswalk from the right side to the left side according to the walking signal.

Ultimately, the Defendant caused the death of the victim at the Dong National University Hospital, which was located in the Dongdong-gu, Chungcheongnam-si, Dong-si around May 11, 2015, in the foregoing occupational negligence, at the time of the death of the victim.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of the Cir bargaining passenger car.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant operated the car without mandatory insurance at the time and place above.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A traffic accident report;

1. Statement of the police statement of E;

1. A death certificate;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes on accident site and photographs of accident vehicles;

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