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(영문) 대구지방법원 서부지원 2015.01.15 2014고단1335
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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 a vehicle of 1 ton cargo.

On March 14, 2014, the Defendant driven the above cargo vehicle around 07:00, while driving the vehicle at around 07:0, and driving about 60 kilometers in two lanes prior to D in front of D in front of D in front of D in Pririririri-gun, the Defendant, while driving about 60 kilometers from Pririri-ri remote middle school at the speed of the city, was rapidly changing the lane to one lane without reducing the speed, and was driven by the vehicle due to the occupational negligence of the victim E (76 years old) driving along the opposite lane and driving beyond the median line, and was able to receive the front wheels part of the F City City 100 cubic meters in front of the said cargo vehicle as the right side of the said cargo vehicle.

Ultimately, the Defendant caused a traffic accident as above, resulting in the victim’s injury, such as irrashion and open frame, which requires approximately 14 weeks of treatment, and thereby resulting in the victim’s death at a H hospital located in Daegu-gu, Daegu-gu, on October 8, 2014, which was hospitalized.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, at the same date and time as stated in Paragraph 1, the Defendant operated the freight truck of the above B1 ton, which was not covered by mandatory insurance at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes on a written autopsy;

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) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating cars which are not mandatory insurance, the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. Orders to provide community service and attend lectures;

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