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(영문) 광주지방법원 해남지원 2021.02.18 2020고단73
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-priced car.

1. On October 25, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) was driving the said car around October 18:13, 2019, driving the said car in front of the D road located in Jindo-gun C, Jindo-gun, in the south-do intersection from the East Diplomatic lane to the south-do intersection, leading directly from the south-do intersection.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering and operating the steering gear well and the steering gear.

Nevertheless, due to the negligence of the defendant's failure to do so, the part of the victim E (82) crossing the road to the right side from the left side of the running direction of the defendant was taken into account as the part of the victim E (82) in front of the passenger car.

As a result, the Defendant caused the victim by the above occupational negligence, thereby causing the victim’s plesying death from the G hospital emergency room located in Jindo-gun F on the same day, which is located in Jindo-gun F.

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

Nevertheless, on October 25, 2019, the Defendant owned the said low-speed car and operated the said low-speed car on the front road located in Jindo-gun C, Jindo-gun with the operation of the said high-speed car at around 18:13, 2019.

Summary of Evidence

1. Statement by the defendant in court (as at the second public trial date);

1. Legal statement of the witness H;

1. A traffic accident report, a report on the occurrence of a traffic accident, and an on-site photograph of the accident;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the occupation of occupational and dental history, the choice of imprisonment without prison labor), Article 46(2) of the Guarantee of Automobile Compensation Act.

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