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(영문) 의정부지방법원 고양지원 2014.08.22 2014고단957
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. The Defendant violating the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle Ci30.

On 04:20 on 01. 04. 04. 04. 04., the Defendant driven the above car and proceeded with the fourth line road of the 602 east-do of the Hanyang-dong-dong-dong-dong-gu, Seoyang-do-dong-dong-dong-dong-dong, with two lanes.

At the time, since the night and the area where the commercial buildings are concentrated, a person engaged in driving duty has a duty of care to reduce the speed and to drive safely.

Nevertheless, the Defendant, by negligence of neglecting the above duty of care, found the victim D (the age of 75) who crosses the road to the port from the right side of the Defendant’s course without permission from the Defendant’s fault, and subsequently found the victim D (the age of 75) late, but failed to do so, caused the victim’s death at the front part of the said car, namely, by shocking the victim.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is Ci30 operators of automobiles.

The Defendant driven the said car that was not covered by mandatory insurance at the time and place of the preceding paragraph as provided in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. A death certificate;

1. Mandatory insurance policies;

1. Bluebbbbling and video closures;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts, Article 268 of the Criminal Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (the punishment shall be aggravated, but it shall be punished by imprisonment with prison labor (within the scope of aggregated with a long term) ;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the suspended sentence.

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