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(영문) 대구지방법원 포항지원 2014.05.14 2014고단218

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

On January 15, 2014, the Defendant driven the said car without obtaining a driver's license on January 12:38, 2014, and proceeded to turn to the right from the north-gu Seoul apartment site to the new interesting elementary school.

Since there are frequent traffic of pedestrians, there was a duty of care to prevent accidents in advance by making a person engaged in driving of a motor vehicle well see the boom and the left and right of the motor vehicle, and operating the steering and brake system accurately.

Nevertheless, the Defendant neglected this and did not go to the right left without looking at the front side of the road and received the victim C(75 years old) who was cleaning on the side of the road at the left side of the road.

Ultimately, at around 23:22, the Defendant caused the death of the victim from brain escape at an E hospital located in South-gu, South-gu, South-gu, E in the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of F on January 27, 2014 concerning F;

1. A report on the occurrence of a traffic accident (one report and two reports), and a report on the actual condition of a traffic accident;

1. A death certificate;

1. Application of the statutes on the register of driver's licenses;

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, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 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 (The following extenuating circumstances among the reasons for sentencing);

1. The scope of recommendation of the reasons for sentencing of Article 62-2 of the Criminal Act for community service and lecture attendance order [decision of the type] traffic crime, general traffic accident, and type 2 (Death resulting from Traffic Accidents) (special person).