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(영문) 광주지방법원 2017.08.10 2016고단4948
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2016 Highest 4948"

1. The defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.) and is engaged in driving duty of CMW Oba.

On July 11, 2016, the Defendant driving the upper 00:12, and driving the upper oba, the four-lane road in front of the modern motor vehicle located in the Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, with two-lanes at a speed of 88.6 to 91.7 km each hour, depending on the flow distance from the gold bank.

Since the place is where the speed limit is 60 km per hour, a person engaged in driving a motor vehicle has the duty of care to prevent accidents in advance by complying with the speed limit and driving on the front and rear left well.

Nevertheless, the defendant neglected this and went beyond about 22.6-31.7 km, and the defendant's failure to go beyond the center line in the direction of the defendant's proceeding, and the victim's D's D's driving over the center line conflict with the front right wheel part.

Ultimately, around July 11, 2016, the Defendant caused the said victim’s death by an occupational negligence, from an emergency room of the Southern University Hospital on July 11, 2016 to an external shock (presumed shock) and an external brain injury (presumed injury).

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

On July 11, 2016, around 00:12, the Defendant operated the said CMW Ora, which was not covered by mandatory insurance from around 2 km to the front path of the regular middle school located in the same Gu-ro, Seo-gu, Seo-gu, Seo-gu, Gwangju, through the Geumho District, from around 00:12.

The defendant of "2017 Highest 633" is a member of the reserve forces belonging to the Seoul Northern-gu Seoul Metropolitan Government.

On November 2, 2016, the Defendant’s house located in Gwangju Northern-gu G apartment 101 Dong 402, and the secondary supplementary training conducted on November 15, 2016 at the training site for the Samangsan Reserve Forces in Gwangju Northern-gu.

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