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(영문) 춘천지방법원 속초지원 2015.09.09 2015고단257
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

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 B cargo vehicles.

On November 18, 2014, around 17:04, the Defendant driven the said cargo without obtaining a driver’s license, and led the Defendant to drive the said cargo along the two-lane road of the “D” in the Gangwon Yangyang-gun C, along the two-lanes from the front side of the territorial area.

At the time, the Defendant was carrying the cable construction with the victim E (the male and the 55 years old) aboard the above cargoet, and thus, in such a case, the Defendant had a duty of care to look at the front, rear and right and right and right and the right and the right and the right and the right and the right and duty of care to prevent accidents in advance by driving the vehicle safely.

Nevertheless, the defendant neglected to do so and had the victim boarding the above scamet for the work of the cargo vehicle in the driver's vehicle by negligence, and caused the victim to fall into the above road by facing the road guidance sign installed on the above road side.

Ultimately, around November 27, 2014, around 07:59 on November 27, 2014, the Defendant caused the victim’s death by the above occupational negligence, from the Gangseo-si Hospital located in the Gangseo-si, Seocheon-si, Seocheon-si, Seocheon-si.

2. Around 16:50 on November 18, 2014, the Defendant driving the said cargo vehicle without obtaining a driver’s license for a section of about 100 meters from the sloping road located in the Gyeongyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, to the front of the “D” in C at around 17:04 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. The actual survey report and on-site photographs;

1. The driver's license ledger;

1. A death certificate or a photograph of a dead person;

1. Application of Acts and subordinate statutes governing accident site verification photographs;

1. Criminal facts;

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