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(영문) 춘천지방법원 강릉지원 2015.09.03 2015고단714
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for a maximum term of one year and six months, and a short term of one year.

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 125 cc with no number plate;

On May 30, 2015, at around 20:49, the Defendant driven the above Oralba, and led to the two-lane road in the same sea area of Dr. Dr. and the front part of Dr. Dr. in the East Sea Police Station, from the area of the Busan District Public Security Center in the East Sea Police Station to the area of the East Sea Public Security Center, 60-70 kilometers each hour according to the speed of 60-70 kilometers.

At the time, a crosswalk was installed without a pedestrian signal at night, so in such a case, there was a duty of care to prevent an accident by safely driving by safely driving by checking whether a person engaged in driving a motor vehicle has a way to reduce the speed and by checking the right and the right of the motor vehicle, and by safely driving the motor vehicle.

그럼에도 피고인은 이를 게을리 한 채 전방 주시를 태만히 하여 만연히 진행하던 중, 마침 위 횡단보도 위를 피고인의 진행 방향 우측에서 좌측으로 횡단하던 피해자 E(67세)의 다리 부위를 피고인의 오토바이 앞부분으로 들이받아, 그 충격으로 인하여 피해자로 하여금 그곳 횡단보도로부터 30여 미터 거리상의 도로 위에까지 튕겨나가 넘어지게 하였다.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at around 21:09 on the same day due to the multiple organ damage caused by excessive blood transfusion.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act is a holder of 125 cc., no number plate, and even if he is prohibited from operating a motor vehicle which is not covered by mandatory insurance on the road, he operated the above cc., which was not covered by mandatory insurance at the time and place indicated in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and on-site photographs;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Criminal facts;

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