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(영문) 대전지방법원천안지원 2020.09.04 2020고단1625
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment with prison labor for a period of ten months and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who drives a motorcycle 125 "motor bicycle" without a license plate.

1. On May 13, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death or Injury) and the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led the Defendant to proceed along the five-lane road in front of the 177 sub-section 17 in Seo-gu, Seo-gu, Seoan City Park, Seo-gu, Seoan-gu, Incheon, along the five-lane road in front of the 17

At the time, it is an intersection where a signal apparatus is installed at night and at that time, so in such cases, the driver of a motorcycle has a duty of care to reduce the speed, to live well in the front and rear sides, and to prevent accidents in advance by safely driving the motor bicycle in accordance with the new code.

Nevertheless, the Defendant neglected this and went to the left normally in accordance with the signals at the close part of the Defendant’s Madern, which was driven by the victim C (Nam, 46 years old) who was driving in accordance with the signals, and received the front part of the rocketing and the front part of the Defendant’s motorcycle from the Defendant’s motorcycle.

Ultimately, due to the above occupational negligence, the Defendant caused the death of the victim E (E, South, and the age of 26) who was on the rear seat of the Defendant’s motorcycle (E, South, and the age of 26) by a sudden heart stop certificate, etc. during the transfer to the hospital at around 23:55 on the same day, and the said victim C was injured by the c of the c, a tension, etc. in need of treatment for about two weeks.

2. On May 13, 2020, the Defendant, who violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Accident Compensation Act, was the owner of a motorcycle 125 motorcycle, driving the said motorcycle, who was not covered by mandatory insurance in the 4km section of the 177 km-gu Incheon Metropolitan City Park from the front day of Busan Metropolitan City to the front day of the 177 km-gu Incheon Metropolitan City Park without a motorcycle driver’s license.

Summary of Evidence

1. The defendant;

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