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(영문) 춘천지방법원 2013.09.26 2013고단487
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 of Category C cargo vehicles.

On May 18, 2013, the Defendant operated the above cargo vehicle around 15:05, and proceeded one-lane road of national highway 5 national highway e.g., Hancheon-gun, Seocheon-gun, Gangwon-do, at a speed of about 60km at the speed of 50km from the Gesung Tri-si, to the source ginseng-distance flooding area.

The Defendant, prior to the front of the vehicle and the vehicle driven by the victim D (the age of 43), had a duty of care to move ahead of the vehicle in front of the front of the vehicle in front of the front. In such a case, the Defendant had a duty of care to move out the signal to a horn in a safe speed and in a safe way by sending the signal to a horn according to road conditions by thoroughly examining the direction and the left and right of the front of the vehicle in front.

Nevertheless, the Defendant neglected to do so and found the above Oral wave, which had been driven by the negligence beyond the central line to overtake the said car and the Oral wave, late later, and received the part on the left side of the said Oral wave as the front part of the said Cargo.

Ultimately, at around 16:52 on the same day, the Defendant caused the death of the victim at G Hospital located in Switzerland-si F due to two side damage and chest damage.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the owner of the said cargo, operated the said cargo vehicle without mandatory insurance at the same time and at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A death certificate;

1. Mandatory insurance policies (C);

1. Application of Acts and subordinate statutes on site photographs;

1. Vehicles that are not covered by the mandatory insurance under the relevant Article of the Act on Criminal Crimes, 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 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8;

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