beta
(영문) 제주지방법원 2017.11.23 2017고단2285

교통사고처리특례법위반(치사)등

Text

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) is a person engaging in driving a c bargaining car.

On August 21, 2017, the Defendant driven the said car without a driver's license on August 21, 2017, and driven the two-lane road in front of the D Seopopopo City along the right side of Seopo-dong.

At the time, a crosswalk was installed at night and at the front door, so in such a case, there was a duty of care to see the front door to the person engaged in driving of the motor vehicle and to build the road safely.

Nevertheless, the defendant neglected to do so and proceeded on the front side of the vehicle of the defendant, caused the victim E (46 years) who was standing a road on the right side from the left side of the defendant's moving direction to the right side of the crosswalk, and caused the victim to face the head of the victim on the front side of the vehicle of the defendant by shocking the victim E (46 years) into the front part of the vehicle of the defendant, and let the victim go on the road.

Ultimately, at around 21:49 of the same day by occupational negligence, the Defendant caused the death of the victim due to the injury to the two parts of the trauma at the site of the above accident.

2. On August 21, 2017, the Defendant was driving a motor vehicle without a driver’s license in the section of approximately 80 km from the front of the road, starting from the front of the road, around 70 knife, prudent 13 prudent, in order to ensure that the Defendant, at around 07:00 on August 21, 201, driven the said motor vehicle without a driver’s license, from the front of the road, to the place where the said accident occurred on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a survey report, and a photograph of the scene of the accident;

1. The driver's license ledger;

1. Protocol of inspection;

1. Application of Acts and subordinate statutes to report internal investigation (on-site situations, etc.);

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and dental doctors), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents (the occupation of unlicensed driving) concerning criminal facts;

1. Selection of penalty;