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(영문) 창원지방법원 진주지원 2014.12.23 2014고단834

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a rocketing car.

On March 22, 2014, the Defendant driven the above car on March 14:10, 201, and led the front road located in D, Ha-dong, Ha-nam, to the west from the west side of the west.

Since there is a one-lane road and a tourist bus stops on one road, there was a duty of care to prevent accidents in advance by driving safely while taking care of road conditions.

Nevertheless, the Defendant neglected this and proceeded close to the right side of the road, and failed to properly operate the steering and steering devices, and thereby, the Victim F (M, 58 years old) who sought a fireworks from the right side of the road along the direction of the Defendant’s driving was placed in front of the passenger car of the Defendant’s driving.

Ultimately, around 11:40 on March 25, 2014, the Defendant’s occupational negligence caused the death of the said F by pressure on brain pressure, etc. while receiving medical treatment at the Joseon University Hospital in Seo-dong-dong-gu, Gwangju.

2. On May 31, 2014, at around 2:15, the Defendant violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Accident Compensation Act, the Defendant driven a C rocketing car without obtaining a driver’s license in a section of about 25 km from the road in front of the Defendant’s residence in the Hadong-dong, Hadong-dong G to the front of the Defendant’s residence, via the road in front of the Hadong-dong Eup/Myeon-dong, Dong-dong, Hadong-dong, Eup/Myeon-dong, and

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A traffic accident report and a traffic accident report;

1. On-site and vehicle photographs;

1. A death diagnosis report and a written record of autopsy;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant legal provisions concerning criminal facts and special cases concerning the selection of punishment for traffic accidents;