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(영문) 광주지방법원 순천지원 2017.05.11 2016고단2703

교통사고처리특례법위반(치사)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving BMW R1200GS two-wheeled Motor Vehicle (a exhaustr 1,170C).

On April 20, 2016, the Defendant driven the said two-wheeled vehicle without obtaining a driver's license of the said two-wheeled vehicle on April 12, 2016, and driven the two-laned road of the D, in writing C, at the net hour, along two-lanes from the yellow line.

Since the place is a bend road for the direction, there was a duty of care for the person engaged in the driver's duty of care to see the right and the right and the right and the right and the right and the right and the right and the right and duty of care to safely operate the steering gear.

Nevertheless, the Defendant, by negligence, negligently driven the road boundary seat with the front wheels of the above two-wheeled vehicle, caused approximately 60 meters to go beyond the right side of the above two-wheeled vehicle, and caused the victim E (V, 48 years old) who was seated on the road after the two-wheeled vehicle to go beyond the right side.

Ultimately, the Defendant caused the death of the victim due to such occupational negligence by pressure on brain at G hospitals located in Macheon-si F on April 22, 2016, around 17:46.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Evidence and photographs of the traffic accident scene;

1. A death certificate;

1. Application of Acts and subordinate statutes to investigation reports (verification as to whether a person has obtained a license);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2) and 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) there is no criminal history of imprisonment without prison labor or any heavier punishment against the defendant; and (b) there is some reason for the accident that the injured person was killed in a two-wheeled motor vehicle driven by

However, due to the instant case, there has been serious consequences of the death of the victim who has a minor, and it is difficult to rear him in the future.