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(영문) 광주지방법원 장흥지원 2017.12.21 2017고단159
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.) is a person who is engaged in driving a cuss car in C.

On July 26, 2017, the Defendant driven the above car at around 21:50, and proceeded at a speed of about 70 km in the speed of the city, from the surface of the Yancheon-gun, Jinjin-gun to the parallel distance of the Jinjin-gun, the Dok-gun's Doknam-gun's Doknam-gun.

At this point, the central line is a honded road of one lane, which is marked as a yellow solid line. In such a case, a person engaged in driving service has a duty of care to protect the lane and prevent accidents.

Nevertheless, the Defendant did not neglect this and did not pay attention, and was negligent in proceeding beyond the median line, and received the front portion of the GDD car driving by the victim F (48 tax) operating in the opposite lane as the front part of the left side of the CD car above the above.

Ultimately, around 23:19 on the same day by occupational negligence, the Defendant caused the death of the victim from a Danal Medical Center in the way of investigating the South Jinjin-gun, who had been in the way of five North Jinjin-gun.

2. No automobile which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation Insurance Act shall be operated on the road;

Nevertheless, Defendant 1 operated cubs in C, the Defendant, who was not covered by mandatory insurance at the same time and place as above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes, such as a survey report on actual condition, on-site map, field photograph and explanation, inquiry into mandatory insurance, and death diagnosis report;

1. Relevant legal provisions concerning criminal facts, 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 (the occupation and negligence of occupational duties, selection of imprisonment without prison labor), Article 46(2)2 and Article 8 of the Guarantee of Automobile Compensation Act (the occupation of operating an insurance vehicle, the selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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