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A defendant shall be punished by imprisonment for not less than eight months.
except that 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 engaging in driving a two-wheeled vehicle with no number plate 124CC 125 (UZ125SK, chassis number C).
On September 1, 2015, the Defendant driven the above two-wheeled vehicle on September 1, 2015, while driving the two-laned road in front of the D, Gangnam-gu, Seoul, and driving the two-laned road on the side of the flow-distance distance from the offside of the Tyang market to the side of the flow-distance distance.
Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by driving safely in accordance with the signals before entering the intersection.
Nevertheless, the defendant neglected this and proceeded to go beyond the road because of the negligence of the defendant's entering the intersection as a result of the failure of entering the right side of the two-wheeled motor vehicle in the direction of the two-wheeled motor vehicle where the victim E (e.g., 71 years old) who crosses the intersection from the left side of the two-wheeled motor vehicle direction to the right side.
Ultimately, at around 08:16 of the same day, the Defendant caused the victim to die due to cerebral injury at the Dobong-gu Seoul Metropolitan Government Macheon-ro 308 Kincheon Hospital.
2. The owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall not operate an automobile on the road which is not covered by mandatory insurance;
Nevertheless, the defendant, at the time and place mentioned in Paragraph 1, operated a two-wheeled automobile not covered by mandatory insurance.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to F, G, and H;
1. A traffic accident report (1) (2) (actual survey report);
1. Investigation report (as to the act causing a traffic accident),
1. A death certificate;
1. Protocol of inspection;
1. Application of each statute on photographs;
1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense, and Article 268 of the Criminal Act;