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(영문) 서울북부지방법원 2014.02.13 2013고단2847
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

The Defendant is a person who is engaged in driving vehicle C, and is a holder of the foregoing cargo vehicle that is not covered by mandatory insurance.

On October 11, 2013, the Defendant driven the above cargo vehicle at around 08:40 on October 11, 2013, and turned left to the left at the Dobong-dong, Dobong-gu, Seoul, Seoul to the front of 106-dong Geum-dong, Changdong apartment at the Dobong-dong Public Health Center.

At this point, there was a duty of care to safely check the crossing of pedestrians by temporarily stopping as a person engaged in driving service.

Nevertheless, the victim D (year 79) who is crossing the crosswalk from the right side of the proceeding to the left side of the crosswalk was neglected to proceed as it is.

Ultimately, around October 19, 2013, around 05:30 on October 19, 2013, the Defendant caused the victim to die from brain training expenses at a F Hospital located in Dobong-gu Seoul Metropolitan Government E, and operated the said cargo vehicle not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Mandatory insurance policies;

1. Application of each statute on photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. A punishment shall be imposed in consideration of all the circumstances, including the fact that a person was involved in driving a so-called large-sized vehicle not covered by mandatory insurance, and that the result of death was not good enough to commit a crime, but a punishment shall be imposed in consideration of the overall circumstances, such as the fact that the person was involved in the accident of shocking pedestrians while driving a so-called large-called large-scale vehicle not covered by the mandatory insurance, and that there was no criminal record

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