logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 경주지원 2015.06.25 2015고단226
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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 a B low-priced car.

On 25, 2015. 01. 25. 01. 01. 25. 01. 01. 30, the Defendant was proceeding with the 7th national highways in the Modern-si, Foreign-si, East-si, in the direction of Ulsan.

At the time, there was a night and there was no streetlight around it, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to thoroughly look at the front side and accurately manipulate the steering gear and brake devices, thereby preventing any traffic accidents.

Nevertheless, the Defendant did not discover the victim C (the age of 63) who walked in the same direction as the negligence of neglecting this, and did not receive the victim as the front part of the said car.

Ultimately, at around 02:18 of the same day, the Defendant caused the death of the victim due to the occupational negligence in the East Korean University of Education Hospital in the Dong-si of the same day.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant, at the same time and place as in the preceding paragraph, operated the said low-speed car without purchasing mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. A written result of autopsy and postmortem examination;

1. Information on the non- mandatory insurance policy;

1. Application of Acts and subordinate statutes to photographs and photographs related to accidents;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to 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 (the point of operating cars which are not mandatory insurance, the choice of imprisonment).

arrow