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(영문) 대구지방법원 안동지원 2015.06.09 2015고단170
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant is a holder of a cargo vehicle B and is engaged in driving of the above cargo vehicle.

1. No owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall operate an automobile with no mandatory insurance policy;

Nevertheless, at around 21:00 on February 20, 2015, the Defendant operated the cargo vehicle not covered by mandatory insurance from around 500 meters to the front road of the convenience store where the trade name cannot be known on the front road of the small apartment complex located in the central road of Ansan-si, Chungcheongnam-si, Chungcheongnam-do.

2. On February 20, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) parked the above cargo vehicle in front of the studio C in Ansan-dong, as set forth in paragraph (1).

At the time, there is a place where parking is prohibited as a zone marked at the edge of a yellow domin line, so a person engaged in driving of a motor vehicle shall not park a motor vehicle at a place other than a parking zone permitted for the driver of a motor vehicle, and the driver of another motor vehicle has a duty of care to park so that the driver of another motor vehicle can easily identify the parking fact by using the tail, etc. and not to interfere with other traffic.

Nevertheless, as a result of the negligence of neglecting the Defendant’s negligence, the vehicle’s width and the vehicle’s vehicle was parked at the edge of the road where the traffic of the vehicle is frequent, and the victim E (64 years old) who operated the Da CT100 amba, which was going to run at around 22:0 on February 20, 2015, did not discover the above vehicle and did not discover the above vehicle, and caused the victim E (64 years old) to shock the vehicle’s loading on the front part of the above amba.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the G Hospital emergency room located in the Ansan-si F where he was under the after-sales treatment at around 22:50 on February 20, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The police of H. H.

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