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(영문) 대전지방법원 공주지원 2013.11.15 2013고단239
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two 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 CT 2.5 tons of cargo vehicles.

On June 6, 2013, the Defendant driven the above vehicle at around 07:30 on June 6, 2013, and led the front road of the Cheongyang-gun, Cheongyang-gun, Cheongyang-gun, Cheongyang-gun, to the Cheongyang-do from the direction of the Cheongyang-gun Office.

Since the location is an intersection where signal, etc. is not installed, there was a duty of care to yield and safely operate the course by temporary suspension or slowly, if there is another vehicle that first entered into the vehicle.

Nevertheless, the Defendant neglected this and went to the right side of the bicycle driving from the right side of the victim D (year 72) who was going to the right side from the right side of the Cheongyang from the right side of the cargo driving of the Defendant.

Ultimately, at around 09:47 of the same day, the Defendant caused the death of a victim who was receiving medical treatment at a F Hospital located in Dong-gu, Nam-gu, Dong-gu, Dong-gu, Seoul due to the above occupational negligence due to the heart suspension due to the two side.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of CT 2.5 tons cargo vehicles, and even if he is prohibited from operating a motor vehicle which is not covered by mandatory insurance, he/she was driving the said motor vehicle not covered by mandatory insurance at the date and place mentioned in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A copy of a death diagnosis certificate (D);

1. Application of Acts and subordinate statutes to information about non- mandatory insurance;

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 and Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;

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