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(영문) 대구지방법원김천지원 2020.09.09 2020고단304

교통사고처리특례법위반(치사)등

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A defendant shall be punished by imprisonment for one year.

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

1. The defendant is a person who is engaged in driving a car B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On January 13, 2020, the Defendant driven the said car without obtaining a driver's license on January 13, 2020, and driven the two-lane road in front of Kimcheon-si, Kimcheon-si, the two-lane road in front of Kimcheon-si, a straight-distance one-lane, a speed of about 45km depending on the two-lane.

At the time of night and night, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle driving, such as a person engaged in driving a motor vehicle, who well sees the right and 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.

Nevertheless, the Defendant neglected this and caused the victims E (the age of 85) and the victims F (the age of 75) to cross the road to the right side from the left side due to the negligence that did not properly conduct the front road, and caused them to go beyond the ground by taking the victim E (the age of 85) and the victim F (the age of 75), respectively.

Ultimately, at around 07:20 on the same day as the above occupational negligence, the Defendant caused the death of the victim E with cerebrovasculars under two frameworks while receiving medical treatment at the emergency department of G Hospital, and suffered injury to the victim F, such as the 11 chest and the 2nd pressure, which require approximately 12 weeks of medical treatment.

2. Violation of the Road Traffic Act (Free Driver’s License) (hereinafter “Road”) was driven by the Defendant without obtaining a driver’s license in a section of about 5 km from the front of the valley Park, which is located in the valley-dong at the time, Kimcheon-si, Kimcheon-si, to the front of the same city Kimcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. Registers of driver's licenses and details of cancellation thereof;

1. Application of Acts and subordinate statutes to death certificates and diagnosis certificates;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Criminal Act;