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(영문) 대전지방법원 천안지원 2018.11.09 2018고단1203
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year 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 and the Road Traffic Act are those engaged in driving cars B QM3.

On April 9, 2018, the Defendant driven the above vehicle at around 01:20, while driving the vehicle at around 01:20, the Defendant proceeded along the two-lanes of the shooting distance in front of the French French Administrative Welfare Center in Seoan-dong, Seoan-gu, Seoan-gu, Seoan-gu, Incheon, along the direction of the French-dong Administrative Welfare Center.

Since there is an intersection where signal lights are installed, it is necessary to check whether a person engaged in driving of a motor vehicle has a motor vehicle passing through the intersection by reducing speed and checking well the front side of the road, and there was a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as complying with the traffic signal.

Nevertheless, the Defendant neglected to temporarily stop the red on-and-off signals without temporarily stopping the intersection, and by the negligence of proceeding the intersection as it is, in accordance with the yellow on-and-off signals, received the front right part of the victim C(63 cc) driving from the right side of the vehicle to the left side in accordance with the yellow on-and-off signals.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim C, such as brain-dead, etc. without any wound in the two open medical treatment for about three weeks, and inflicted injury on the victim E (V, 67 years old) who is the passenger of the victimized vehicle, on the brain-dead, etc., for about three weeks of medical treatment. At the same time, the Defendant destroyed the damaged vehicle to have approximately KRW 2,254,478 of repair cost.

2. Although the Defendant was prohibited from operating a vehicle on the road without mandatory insurance for violating the Guarantee of Automobile Compensation Insurance Act, the Defendant was driving a B QM3 motor vehicle not covered by mandatory insurance on April 9, 2018, in front of the North-gu, Northernbuk-gu, Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement of occurrence of traffic accidents;

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