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(영문) 청주지방법원 2019.10.18 2019고단1493

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of the Grand Britain.

On March 6, 2019, at around 05:13, the Defendant driven approximately 10km from the building of the Chungcheong-gun C, Chungcheongnam-si, Chungcheongnam-si, to the front road of the Cheongju-si, without a driver’s license, the Defendant driven the said vehicle, thereby driving the said vehicle directly from the erode to the erode of the erode.g., the e., the e.,

In this case, a person engaged in driving business has a duty of care to properly see the front side and the left side and the right side and prevent the operation accident accurately.

Nevertheless, the Defendant neglected this and led the victim E (the age of 82) (the age of 82) who was towing the motor vehicle on the right side of the workplace where he was in progress as it was, was shocked to the front part of the motor vehicle of the Defendant, and caused the victim to die due to the injury of the victim, such as multiple prolonged power failure, etc., due to traffic accidents at F Hospital around April 14, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Reports on the occurrence of traffic accidents, actual survey reports, and the register of driver's licenses for motor vehicles;

1. Application of Acts and subordinate statutes to on-site photographs, photographs of changeers, death certificate, and certificates of medical records;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Punishment; Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Punishment; Article 268 of the Criminal Act; Article 152 Subparag. 1 and Article 43 of the former Road Traffic Act (wholly amended by Act No. 15530, Mar. 27, 2018);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution (the fact that bereaved family members are not subject to punishment and the circumstances, etc. of accidents);

1. Social service order under Article 62-2 of the Criminal Act;