교통사고처리특례법위반등
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.
Punishment of the crime
The defendant is engaged in driving driving of C Poter cargo vehicles.
On September 2, 2014, without obtaining a driver's license on September 2, 2014, the Defendant left the front road of the cafeteria located in Daegu-gu D in the direction of the blood center to the Huogle.
At night and rain, there was a duty of care to safely drive a pedestrian crossing in which no signal, etc. is installed. In this case, the driver had a duty of care to safely operate the driver by accurately manipulating the steering and steering gear.
Nevertheless, the Defendant neglected the above duty of care and neglected to turn to the left without obtaining the driver's license, caused the part of the front part of the above cargo vehicle to go beyond the road by shocking on the left side of the victim FF (year 72) who passed a bicycle on the right side of the vehicle driving on the left side.
The Defendant caused the death of the victim due to the above occupational negligence, such as double alleys, etc.
Summary of Evidence
1. Defendant's legal statement;
1. A death certificate;
1. Notification of the results of traffic accident analysis by Road Traffic Authority;
1. Registers of driver's licenses;
1. Application of the traffic accident occurrence report, the actual survey report, and on-site photographs-related Acts and subordinate statutes;
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, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act;
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;
1. Probation, order to attend a lecture, and reason for sentencing under Article 62-2(1) of the Criminal Code of the Social Service Order [Scope of Recommendation] The basic area (8 to one year and six months), which is the basic area (including special mitigation) (8 to one year and six months), punishment not (including a serious effort to recover damage) / Article 3 of the Special Education Act.