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(영문) 대전지방법원 홍성지원 2014.12.31 2014고단648

교통사고처리특례법위반등

Text

Defendant shall be punished by imprisonment without prison labor for not less than four months and by a fine not exceeding 200,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On September 1, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents was a person who is engaged in driving B CT110 Orala (the engine displacement of 108c). On September 16:10, 2014, the Defendant driving the above Oralab on the above Oralab, and driving the one-lane road in front of the entrance of the sex-dong village at the Sincheon-Eup Schan Scon Scon Scon.

At the same time, the victim C (the 71-year old) was running a bicycle on the front side of the defendant, and the defendant tried to overtake the victim. In such a case, the driver has a duty of care to prevent the occurrence of the accident by safely overtaking the vehicle coming from the rear side of the victim in such a way as to inform the victim that the vehicle would overtake the victim in advance before overtaking the victim, and to prevent the occurrence of the accident.

Nevertheless, the Defendant, while neglecting the above duty of care, found out a person who proceeds from driving on the road in which they come to walk, and took the front wheel part of the bicycle of the victim who drives the left and right turn to the left, and had the victim go to the road.

Ultimately, around September 6, 2014, around 23:25, the Defendant: (a) caused the victim’s death by occupational negligence; (b) at the Yancheon-gu Macheon-ro 6-ro 31,000 Yancheon-gu Yancheon-do University Hospital to death with cerebral cerebralop

2. On September 1, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a motorcycle driver’s license, driving the 3km section from the Defendant’s house located in Bocheon-si, Bocheon-si, via an agricultural material pesticide on the front side of the Defendant’s house located in Bocheon-si, Bocheon-si, to the front side of the entrance of Sungdong Village, which is the point where the said accident occurred.